California. Dept. of Fish ana Gair.e
" §iennial Report 1903-1904.

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California. Dept. of Fish and Game,
Biennial Report 1903-1904.

(bound volume)

DATE DUE

_^ California- Dept. of Fish and

Game.

Biennial Report 1903-1904.

^

(bound volume)

— APR X5'93

y^l ^o '93

California Resources Agency Library

1416 9th Street, Room 117

Sacramento, California 95814

■.P.A!;

*f^y

liiUk^u.

/

EIGHTEENTH BIENNIAL REPORT

OF THE

State Board of Fish Commissioners

STATE OF CALIFORNIA,

FOR THE YE^LRS 1903-1904.

COMMISSIONERS:

W. W. VAN ARSDALE, President,
W. E. GERBER, - - - -

San Francisco.
Sacramento.

CHAS. A. VOGELSANG, Chief Deputy,
Mills Building, San Francisco, Cal.

W. W. SHANNON,

SACRAMENTO:

: : : superintendent state printing.
1904.

EIGHTEENTH BIENNIAL REPORT OF THE STATE BOARD

OF FISH COMMISSIONERS.

To Hon. George C. Pardee,

Governor of the State of California :

Sir: In accordance with law, the vState Board of Fish Commissioners
has the honor to siihmit for your consideration its Eighteenth Biennial
Report, being a record of its work and expenditures from September 1,
1902, to September 1, 1904.

We submit, also, the recommendations which our experience in carry-
ing on this important work has suggested, as tending, in our jvidgment,
to the betterment of both the fish and the game interests.

Since the Seventeenth Biennial Report was suVmiitted, the personnel
of this Board has undergone one change. H. W. Keller tendered his
resignation on April 24, 1903. On May 6, 1903, W. W. Van Arsdale
Avas elected President of the Board, vice H. W. Keller, resigned.

Regular meetings of the Board have been held during the first of
every month, and at such other times as became necessary to the wel-
fare of our work. Complete niiiuites of all the meetings are on file in
our office, rooms 508 and 509, Mills Building, San Francisco. Duplicate
bills of every item drawn against the appropriations over which we
have control are also on file, and records of the same are on our min-
ute and account books.

On November 29, 1903, the California Fish Commission and all the
people interested in the restoration and preservation of the salmon
industry of the Pacific Coast sustained an irreparable loss by the
death of Mr. Cloudsley Rutter. Mr. Rutter had been stationed on this
coast by the United States Fish Commission for a term of years to
study out some of the disputed questions regarding the salmon of the
Pacific. He was an earnest, intelligent student of all forms of fish
life, but his chief work was a study of our salmon, especially the Quinnat,
or salmon of the Sacramento River. He had perhaps a more varied
and general experience on this subject than any ichthyologist of this
country, as he covered not only the scientific but also the practical
side of the question. Naturally a man of great ability and force, he
devoted all his energy and attainments to the work before him. He
was frequently in our service and contributed valuable data and
reports that threw light on many conflicting opinions regarding the

6 REPORT OF STATE HOARD OF FISH COMMISSIONERS.

movements and liahits of salmon. No undertaking was too difficult,
no problem too hard to discourage him. He left behind him important
notes, which, had he been spared to complete them, would have added
nuich more to his reputation. At the time of his death he was filling
the important position of naturalist on the United States Fish Com-
mission's steamer Albatross. From his complete and interesting
report, entitled " Natural History of the Quinnat Salmon " (covering a
period of five years, 1896 to 1901), which appeared in the bulletin of
the United States Fish Commission, 1902, volume XXII, we have taken
some important and interesting extracts. A second article from his pen,
on the value of artificial propagation, will also be found in the appendix
to this report. We commend these papers to the careful attention of
all who are interested in the subject of increasing a natural food
supply by artificial methods. We regret that space does not permit
us to reprint in full his report on " Investigations in the Sacramento
River."

The work of patroling the various streams and bays of this State in
the enforcement of the fish laws has been intelligently and con-
scientiously carried on to the full extent of our means. The last session
of the Legislature granted an increase in our "fund for the restoration
and preservation of game." It was timely, and enabled us to cover
more territory in the mountainous districts than has ever before been
done. At the same time, our appropriation for this purpose ($7,500 per
year) is, in our opinion, ridiculously small when the size of the State
and the varieties of game are considered. But few of the counties
appoint game wardens. They seem to look to this Board for enforce-
ment of the fish and game laws. It is a notorious fact that constables,
who are sworn to enforce the provisions of the Penal Code, are blind to
violations of these laws. It is only in rare cases that we find one who
is willing to assist in this work. In some counties it has been necessary
for the District Attorney to issue special instructions to these officers in
regard to their duties in this particular, but the results have not been
encouraging. Where an active, intelligent man has been appointed
county game warden, we feel that it has been done in response to the
pressure of public sentiment. Such officers have created a wholesome
respect for the law and for the office, and have assisted us materially.
They have made arrests and assisted our deputies in obtaining evidence
that secured convictions. The territory covered by our limited force is
so vast that we can not afford to keep a man long in one section. The
deputies are hurried about from one end of the State to the other.

The fund for the restoration and preservation of game should be
increased $5,000, making a total of $12,500 per annum to be expended
by this Conanission. This would enable us to increase our force of
field deputies by four. When it is considered that California is the

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 7

second largest State in the Union and that Eastern States not one
sixth of its size, with Httle or no mountainous sections, are using two
and three times this amount of money to enforce the laws for the restora-
tion and preservation of game, it will be seen how modest is our request
in asking for an increase of $5,000.

Some of our fellow citizens, realizing that violations of the fish and
game laws constantly occur, propose to cure the evil by making radical
changes. In our opinion this is not the proper remedy. We have suffi-
cient laws on our statute books, but the means to enforce them are
inadequate. We will, however, recommend a number of changes that,
in our judgment, based upon our experience at court and with "public
sentiment," will produce the desired effect; in some cases shortening
the seasons, as for example the deer law. Experience has shown that
the long open season that was allowed at the last session of the Legisla-
ture, with the hope that the Boards of Supervisors would reduce it in
their respective counties to two months, has not been carried out, with
a result that some counties, with a better appreciation of the value of
their deer, have a season of but six weeks, while others allow the full
three months and a half. Careful consideration of the subject has
brought the conclusion that a State law allowing an open season of two
months, and applying to all counties alike, would be the fairest and
most equitable settlement of the question.

In our opinion the present duck law should be amended. Our first
recommxcndation would be to reduce the bag limit from fifty to twenty-
five. This undoubtedly will be contested by many of the preserve
sportsmen, as on their baited ponds and patroled lands the growing
scarcity of ducks is hardly, if at all, noticeable. Twenty-five ducks
is three times the number that one man and his family could use in a
single day, and is practically all that can be carried. One of the argu-
ments advanced to retain the bag limit of fifty is that there are many
days on which the sportsman goes to his preserve and does not get his
full limit, in fact sometimes gets not more than a dozen birds, but this
is probably due to weather or other local conditions. Is it not reason-
able to suppose that if the bag limit is reduced one half, there will be
a larger number of birds left, which will bring the average day's shoot
nearer to the bag limit of twenty-five?

We would also include the dove in the bag-limit reduction; and
would recommend that doves, snipe, rail, and other shore birds be
added to the non-sale list.

With a few minor changes in the laws relating to the preservation of
fish, we believe the best interests of the State will be served.

We believe in following a liberal but progressive policy, from year to
year, forging ahead and carrying with us public sentiment, the support
of which is absolutely essential to a proper enforcement of these laws.

8 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

Public sentiment favorable to game protection is not created by the
passage of radical measures. In fact, the converse is true. We believe
in educating the public to the importance of these laws, and to the
necessity for restrictions; it is therefore our policy to prosecute vigor-
ously when the laws are violated. The Supreme Court of this State
has set the seal of approval upon all of the important sections of the
Penal Code that refer to fish and game. In our opinion it is wise to
hold to that of which we are sure and which our people are learning to
respect more and more every year. The fact that our efforts are sup-
ported is best shown by the larger number of arrests and by the larger
amount paid in fines; the violators have realized that public sentiment
is not with them, but in favor of the law. We recognize the existence
of slight inequalities, but we believe it to be the part of wisdom to
make haste slowly and not to burden the Legislature with frequent and
trifling changes. The public, the courts, and the peace officers are
becoming more familiar with the present fish and game laws ; and with
a limited number of changes we believe the majority of our people will
be satisfied and their best interests fully served. In brief, we have
plenty of laws, but we require a little more financial assistance and
certain slight corrections in the Penal Code to attain the desired ends —
the restoration and preservation of our fish and game.

TABLE OF ARRESTS AND FINES PAID.

The following statement is a brief record of the two years' work done
by our patrol force, upon whom it reflects the greatest credit. The
variety of cases indicates that their work has been thorough and far-
reaching. In a large number of cases the defendants pleaded guilty,
indicating the thoroughness with which the evidence had been collected;
and the total amount of fines paid shows that public sentiment is
strongly in favor of the enforcement of the laws for the preservation of
fish and game.

For the two years ending August 31, 1904, our patrol force has to its
credit a record of 550 arrests, against 343 for the two preceding years,
showing a gain of 207. There were 225 arrests for violation of the
fish laws, against 105 during the two years previous. For violation of
the game laws 325 arrests were made, against 238 for the preceding two
years. The total amount of fines imposed for violations of both fish
and game laws aggregates the substantial sum of $11,738. Of this
amount $4,989 was paid by violators of the fish laws, and $6,749 by
those who had violated the game laws. The largest amount collected
for transgression of any game law was for violation of those provisions
of Section 626 which relate to deer, there l)eing 135 arrests, and fines

REPORT OF STATE BOARD OF FISH COMMISSIONERS. »

amounting to $3,035. Next on the list is the record of 109 arrests for
violation of the quail law, for which the sum of $2,344 was paid. For
transgressing the fish laws, the greatest number of arrests and the larg-
^est amount paid in tines were for violation of tlie laws relating to
striped bass, showing a . total of 69 arrests and $1,340 paid in fines.
The next in importance were the arrests and fines paid for violation of
the salmon law, there being 15 arrests and a total of $1,040 paid in
fines. This is a less amount than was collected during the two preced-
ing years; but the minimum penalty of $200 for violation of the salmon
law (the cases being triable in the Superior Court, where convic-
tions are almost certain) and the rendering of an important decision
by our Supreme Court, sustaining the salmon law {People vs. Pdvl
Haagen, May 20, 1908), had their effect. In other words, fishermen
realize that tampering with the salmon law is a dangerous and costly
experiment.

While the same numlier of arrests for violation of the duck law were
made in the past two years as in the two preceding ones, it will be
noticed that there was $170 less paid in fines. The market dealers and
commission houses having organized themselves into transportation com-
panies, which have a legal right to handle more than fiftyducks, it was
extremely diflEicult to obtain evidence to convict; besides, many of them
are corporations, and owing to a defect in the Code of Civil Procedure,
which renders the prosecution of a corporation for a misdemeanor
almost impossible, our efforts in that direction have been seriously
handicapped.

In addition to cases which were brought regvilarly into court, there
have been examined hundreds of complaints, some of which were not
made in good faith, and others in which sufficient evidence could not
be obtained to warrant a prosecution.

Our deputies also made many seizures of fish and game in transit —
fish that were under weight or that had been taken in violation of law;
prohibited game offered for sale or shipped contrary to law, and because
of violation of the bag limit. In many cases convictions followed the
seizure. In others we were unable to locate the shippers, who resorted
to fictitious names. Their punishment was effected by confiscating the
shipments, which meant a loss of time, labor, material, and goods.
More than 13,617 pounds of striped bass, 24,000 pounds of salmon, 1,200
pounds of steelhead, 1,290 pounds of sturgeon, 260 dozen abalones, and
600 pounds of trout were seized as evidence against violators of the
fish laws.

More than 1,500 California deer hides that were ottered for sale, or
cached awaiting a favorable opportunity to ship, have been seized by
our deputies. Some were in transit as baggage, being packed in trunks;
-others were in dry-goods boxes, marked " household goods," and con-

10

REPORT OF STATE BOARD OF FISH COMMISSIONERS.

signed to private residences. In some cases sufficient evidence was
secured to obtain convictions; in others, the shippers had covered their
tracks by using fictitious names, but were penalized to the extent of
losing their goods. There being no statute providing for the destruc-
tion of the hides, they were disposed of to tanneries, and the proceeds
deposited in the Game Preservation Fund.

About 111 dozen quail, 175 dozen ducks, 30 dozen doves, and snipe,
grouse, pheasants, and venison in small lots were distributed among
the hospitals, the orphan asylums, and old people's charity homes of
San Francisco. The Little Sisters of the Poor, the Almshouse, the
Protestant, Hebrew, and Catholic orphan asylums were among the
beneficiaries. From all of these institutions we have received most
grateful letters of acknowledgment.

FISH CASES.

S%immari/ of Anrsln made by Deputies of the Fish Commission, and Disposition of Cases,

for Two Years ending August 31, 1904.

3;

i

c
ffl

0

>

S

T.

\
Violation Charged Witli.

0
0

p.

1

>

2

0

3

CO

John Doe Cora-
plaints. Parties
Unknown

Fines.

3

• a:

4

Catching or possession of salmon, "closed
season"'- .. . .. _

1

2
4
5

2

HO

1
12
2
4
7
4
1
1
3
3

3
2
3

.......

4

3
3
1

1
8

1200 00

40 00

8t)0 0(.)

110 00

60 00

1,340 00

25 00

220 00

80 00

85 00

400 00

110 00

25 00

, 25 00

60 00

70 00

165 00

500 00

4

Taking salmon above tidewater

7

Catching salmon on Saturday or Sunday.
Spearing steelhead- .-_ . .

5

......

5

8

Steelhead, " closed season ". _- .

69
4

Possession or selling underweight striped
bass

Black bass, "closed season," and other
than with hook and line - .

15

Trout, "closed season".. _. . .

^5

8

Catching trout with net

Possession or selling underweight trout _.
Usingset-net .. . ._ ..

5

17

2
2

166

6

Sturgeon in possession

Catching or possession of "young of fish".
Possession of female crabs...

1

1

4
8

Crabs, illegal size

Crabs, "closed season"

Shrimps, "closed season " . . . .

i

1^

S
4

4
4

3

?

n

Using explosives. .. ..

4

?(>

3

Dumping slabs or sawdust into waters of
State .. .

1

Set-nets removed from waters (parties un-
known) . . .

47

2

Small-mesh nets . ...

Abalones, illegal size ._ .. .

2

40 00

17

14

2

1
1

1

.325 00

120 00

140 00

49 00

30

9

8

Crawfish, "closed season "

Crawfish, " illegal size "

8
H
6

.....

50

6

Fishing without license . _

Totals .

225

160

17

48

47

.$4,989 00

'?93

REPORT OF STATE BOARD OF FISH COMMISSIONERS.

11

GAME CASES.

Summary of Arrests made by Deputies of the Fish Commission, and Disposition of, C'ases\

for Two Years ending A ugust SI, 1904-

a
B

u-
a>
►I
o

Ma
>

GO
d-
CQ

Violation Charged With.

o

o

<

O

>

o

(.+■
O

u

I

John Doe Com-
plaints. Parties
Unknown

Finos.

Number of Days'
Imprisonment. -

*4

Doves, "bag limit"

3

12
4

12

1
10

59

10

4

1

3

2

1

23

30

29

4

9

6

2

6
2

1
3
4
3

1
4

$100 00

320 00
100 00

*1.S

Killing or possession of doves,
season"

"closed

10

Ducks, " bag limit", . .

1

2

2

5
3

17

Killing or possession of ducks,
season" .

"closed

250 00 ' "y.^

3

Netted ducks (drowned) . _ _

25 00

278 00

1,576 00

240 00

100 00

25 00

125 00

50 00

25 00

710 00

845 00

820 00

15

Quail, "bag limit"

5

12
2

71

Killing or possession of quail,
season "

"closed

'^5

15

Offering quail for sale.

'>5

4

Trapping quail

1

Quail in possession without permit..

Chinese quail in possession.

3

2

Deer, "bag limit"

1

Running deer with dogs .

36

Killing deer, "closed season"

10
1
1
1
1

3
2

7

30

33

*38

Possession of deer meat, "closed
Killing fenuvle deer or fawn .

season".

43
40

5

Possession of female deer hides
Removing evidence of sex fromdt
Sale of deer hides

Sale of deer meat ....

3er hides.

100 00 1

11
6

1

275 00 1

KiO 00 1

*3

50 00

12

Night shooting-. . . ...

6

150 00
25 00
25 00
75 00

100 00

2

Trespass - -

25

1

Snipe, "bag limit" . - .

5

Plover, "closed season" -.

1

1
1

5

Grouse, ' ' closed season "

3

Shooting meadowlarks .

45 00 '

1
*5

Possession of pheasants

Tree squirrel, "closed season" -

Totals

50 00 L...
105 00

325

249

23

48

•16,749 00 ' 213

*5 cases pending.

The following comparative table is interesting, showing the increase
in the number of arrests from year to year and the amount of fines paid
during the past eight years:

Viola
Deer

tion of
Law.

Violation of
Quail Law.

Violation of Violation of
Duck Law. Salmon Law.

Violation
of Striped
Bass Law.

Set Nets
and Coi
demnec

Total 1
from
Sourc

Biennial
Period.

— iJ cc

No. of

No. of

No. of

No. of

No. of

1 ' T>

' 'S.

Ar-

Fines

Ar-

Fines

Ar-

Fines

Ar-

Fines

Ar-

Fines

N

rests.

Paid.

rests.

Paid.

rests.

Paid.

rests.

Paid.

rests.

Paid.

P-

1897-1898---

11

,$100

7

$40

14

$220

19

$200

8

$100

30

$3,125

1899-1900---

37

735

13

350

6

220

18

900

47

805

23

5,779

1901-1902---

75

1,600

97

1,775

30

545

23

2,400

26

185

28

9,497

1903-1904---

135

3,035

109

2,344

30

375

15

1,040

69

1,340

47

11,738

12

REPORT OF STATE BOARD OF FISH COMMISSIONERS.

47
2

13,«17

•24, m)

1,200

l,2fK)

tjOO

■2.(m

175

111

32

30

6

6

2

1,500

Seizures of Fish, Game, etc.. Made by Defcties — 1903-1904.

set-nets removed from water. Owners unknown. Lines destroyed,
sturgeon lines seized. Owners unknown. Lines destroyed,
pounds underweight striped bass seized. Donated to hospitals and asylums,
pounds of salmon seized. Donated to hospitals and asylums,
pounds of steelhead seized. Donated to hospitals and asylums,
jiounds of sturgeon seized. Donated to hospitals and asylums,
pounds of trout seized. Donated to hospitals and asylums,
undersized abalones seized. Dumped overboard,
dozen ducks seized. Donated to hospitals and asylums.
Donated to hospitals and asylums.
Donated to hospitals and asylums.
Donated to hospitals and asylums.
Donated to hospitals and asylums.
Donated to hospitals and asylums.
dozen pheasants seized. Donated to hospitals and asylums.

deer hides seized. Tanned, and converted into coin, which was deposited in
the Game Preservation Fund.

dozen quail seized,
dozen plover seized,
dozen doves seized,
dozen snipe seized,
dozen grouse seized.

FINANCIAL STATEMENT.

The resources and expenditures of this Commission have been as

follows for the fifty-fourth and fifty-fiftli fiscal years, ending June 30,

1904:

Fifty-fourth Fiscal Yeak.

Resources.

Disburse-
ments.

Appropriation for support and maintenance of State hatcheries-
Appropriation for restoration and preservation of fish - . -- -

$10,000 00
7,500 00
3,750 00

1,305 15

$10,000 00
7,500 00

Appropriation for restoration and preservation of game

Steelhead Propagation Fund —

Balance on hand Jul V 1, 1902 __-__ _.

3,750 00

Drawn from fund during vear. __ _

528 32

Balance on hand June 30,'l903

776 83

Pit Hirer Fishvaij —

Ajipropriation' available July 1, l'JU2

Amount drawn during vear -. - .

3,000 00

2,058 50

Balance on hand June 30. 1903 . _

941 50

Game Preservation Fund —

Balance on hand July 1, 1902 ..

Receipts during vear

Amount drawn during year

Balance on hand June 30, 1903-

1,090 27
3,051 67

Fixh Coiamission Fund —

Balance on hand July 1, 1902 4,835 28

Receipts from licenses and fines ■. 6,872 93

Amount drawn from fund during year '

Balance on hand June 30, 1903 - j

2,343 03
1,798 91

6,799 94
4,908 27

Totals $41,405 30 i $41,405 30

REPORT OF STATE BOARD OF FISH COMMISSIONERS.

13

Fifty-fifth Fiscal Year.

Resources.

Disburse-
ments.

Appropriation for support and maintenance of State hatcheries.

Appropriation for restoration and preservation of fish

Appropriation for restoration and ]>reservation of game

Steelhead Propagntion. Fund —

Balance on hand July 1, 1903

$12,500 00

10,000 00

7,500 00

776 83

.$12,500 00

10,0(K) 00

7,500 (K>

Drawn from fund during year

151 50

Balance on liand June 30, "l904_ __ . ._ _

625 33

SisKon Improvement Fund _

10,000 00

Amount drawn during year _ .

10 (HKI 00

Game Preservation Fund —
Balance on hand July 1, 1903

Receipts from fines during year _ .

1,798 91
3,040 22

Amount drawn during year . _ . .

2,922 27

Balance on hand June 3U, 1904

1,916 86

Fish Commission Fund —
Balance on hand July 1, 1903 . .

Receipts from licenses and fines . __ .

4,908 27
8,697 82

Amount drawn from fund during year. _-

6,280 57
7,325 52

Balance on hand June 30, 1904__ ._ "

Totals ,..

$59,222 05

$59,222 05

PAYMENT OF CLAIMS IN FISH CASES.

At the last session of the Legishiture, with your indorsement and
approval, we presented a bill amending the Act approved February 27,
1887, relating to costs for prosecuting violations of fish laws, and
making it mandatory upon all claimants to present their claims to this
Board for approval and finally to be paid out of the Fish Commission
Fund. In addition, other sections of the Penal Code, namely, Sections
629, 635, and 637, were amended and simplified. Trials for violations
were confined to the Superior Court, the expense to be borne by the
State instead of by the county, and the amount of the fines imposed
to be paid into the State Treasury. We are pleased to report that the
workings of this law have come up to our fullest expectations. It has
brought justices of the peace and constables throughout the State in
closer relationship with this office. They look to us for their fees (when
under the fee system), and their claims are promptly met. Occasion-
ally we are obliged to return claims for correction, and thereby have
saved the State a considerable sum. Formerly these claims were paid
out of a special fund appropriated at each session of the Legislature to
meet the costs arising from prosecutions for violation of the fish laws.
The State Board of Examiners had no means of knowing what services
were rendered, and were simply paying claims in the dark. We are in
a better position to audit such claims fairly. We feel this has been
done. The expense of Superior Court trials has been met by us, and
the District Attorneys have scrutinized their bills closely and sent
them to us in detail, showing an itemized list of the expenses incurred.

14 HEPOl^T OF STATIC ROARP OF FISH COMMISSIONERS.

The passage of this Act has made it unnecessary for the Legislature
to make any special appropriation for this work. Therefore, Ave have
effected a saving to the State of at least $2,000 per annum, besides
which the claimant receives the full amount of liis claim, free from cost
or unnecessary delay.

SISSON HATCHERY.

It is with much satisfaction that Ave refer to the splendid record made
at our most important station during the past two years. The Legisla-
ture of 1903 unanimously granted our request for an appropriation of
^10,000, the reasons for Avhich Avere fully set forth in our last biennial
report. In this case, as in all others Avhich related to additional funds
Avith Avhich to further the interests of our work, Ave had vour cordial
and hearty support, and your approval of the bills after they had passed
through both branches of the Legislature. During the fifty-fourth fiscal
year we began to feel more than e\'er the scarcity of funds. The scope
of our Avork had greatly broadened and demands were made upon this
hatchery by sections of the State that had never before presented appli-
cations for fish. We have ever been proud of our Avork at Sisson, but
Ave had also taxed this station to its maximum capacity, and had not
the means Avith Avhich to make the simplest improvements or e\^en ordi-
nary repairs. AVe had there a most excellent force of trained hatchery
employes, Avhose experience and knowledge of fish culture have induced
other Commissions to seek their serA'ices. We Avere not able to make
them comfortable on the grounds, nor to compensate them fairly for
the efficient serAdces they Avere rendering. These unfavorable condi-
tions were relicA'cd by this appropriation, and our capacity for efficient
serA'ice to the State has been greatly enhanced.

The purchase of land necessary for additional ponds, nurseries, and
buildings to meet the increased work of the station Avas made as soon
as the money became aA^ailable, on July 1, 1903. We Avere able to secure
twelve and one third acres of land bounding our property on the north
and Avest. Eleven and one half acres (more or less) on the west,
together Avith a most valuable right to 80 inches of Avater, Avere pur-
chased of F. J. Watson for the sum of $800. This land lies on a gentle
slope toAvard Spring Creek, Avhich is its Avestern boundary. It consists
of loam resting on a stratum of gravel, and could not be better adapted
to the uses of the hatchery. As the Avork of the Commission increases
and broadens, this land can all be laid out into additional ponds and
nurseries, Avhicli Avill insure an unfailing supply of eggs. Our Avork will
not then be interrupted as heretofore by storms and washouts in the
rivers, to which in the past Ave haA^e been forced to resort for the capture
of wild parent fish. We can then rest secure in the fact that the ponds,
Avith efficient care, Avill furnish a regular and sufficient svipply of eggs.
After the purchase of this land, buildings, ponds, and drains were built

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 15

thereon to relieve the overcrowded condition inside our original
boundaries.

In addition to the above described land, three quarters of an acre was
purchased of the Sisson estate, adjoining the hatchery land on the
north, for the purpose of erecting thereon a superintendent's dwelling.

We immediately began the very much needed repairs and improve-
ments that had been neglected for four years or more. We increased
our number of rearing ponds from ten to nineteen, and built three
spawning ponds. We were able to do away with the obsolete wooden
flumes, substituting therefor iron pipe-lines; these were placed under-
ground, where they are free from the constant danger that threatened
the leaky and uncertain flume system, which was liable to break down
under the snows of winter and had already become unsafe from age and
decay. The water supply, our greatest necessity, was at all times
menaced by interruption. Such an accident would have cost us thou-
sands and perhaps millions of fish and fry. It is a great satisfaction
and relief to know that this danger is entirely eliminated, and that our
jugular vein is safe. We were also able to replace our old settling tank
with a new one, cement lined, 10 by 32 feet, and protected on the out-
side by corrugated iron, changing its general appearance so that it is
one of the attractive features of our grounds. The old sand-box was
discarded entirely and a new and improved one was built at the end of
our ditch line, 100 yards from the hatchery, where it can be relieved at
any time without danger and without shutting off our main supply of
water. The new pipe-line supplies the main hatchery building, the
auxiliary hatchery (newly built and referred to in Superintendent
Shebley's report), and practically all of the ponds now in use. The
newly purchased land is located directly under the range of our present
Avater flow and every part of it can be easily reached by piping.

We purchased a good and substantial buckboard, which not only
has proved a great saving, but affords many advantages for quick
transportation of our supplies that we had not enjoyed in the past.

We built a substantial barn, 20 by 40 feet, ample for the needs
of the station for years to come, and covered it with a corrugated iron
roof. The meat house, where the fish food is prepared, was practically
rebuilt. A new furnace with brick chimney, for cooking the mush and
preparing the flesh food used to feed the pond fishes, has been installed.
The engine-room was given new floors and foundation. Our ten nur-
sery or rearing ponds have been given planked bottoms, so that the
fish can be handled without danger of injury; the fish are also less
liable to disease from foul bottoms.

Many needed improvements have been made on our main hatchery
building, Avhich is 120 feet in length by 40 feet in width. It had not
been painted for four years, and at that time there was used a cheap
grade of paint that soon wore off. We gave the entire building two

16 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

coats of white U'lul :ukI oil. The shingled roof, which had done duty
since the huilding- was erected fifteen years ago, was rotten and leaky.
It was torn off and a corrugated iron roof put on. This roof was
given a substantial coat of metallic paint, and the exterior of the
building now presents a very attractive appearance. The building,
owing to the great weight of the tanks and troughs, had settled, so
that it was with difficulty that the hatching boxes in the west end of
it could be operated. The building was raised, leveled, and a new
foundation put under it, which will last for years. A new distributing
tank was constructed the full length of the building, 120 feet. New
and improved troughs were added to the front half and all the
dangerous ones taken out. We have now eighty-four hatching troughs
in the interior of the building. All of them were coated with pure
asphaltum, a substance impervious to water, guaranteeing absolute
cleanliness and protection against spores and wood rot. We also took
out the old wooden drains and substitvited new and improved ones.

We felt it to be good judgment to further protect the west part of our
enlarged holdings, and have erected, beyond the present line of ponds,
a small but comfortable three-room cottage for one of the regular
assistants, who occupies it with his family. It is known as the watch-
man's cottage. It is almost impossible for any one to enter the hatchery
grounds from the west side without passing in view of this house. The
presence of this habitation serves to keep at a respectful distance king-
fishers and other birds of prey that have fattened on our ponds for
years. Our watchman has killed a sufficient number of predatory
animals and birds that have been making regular inroads on our supply
of breeding fish, to justify the expense of putting up this building.

We are now in a position to double our output within the next three
years. We have all the land the State will ever require for hatchery
purposes in that portion of the State, and have an abundant and never-
failing supply of the purest water, sufficient for the continued develoj)-
ment of the station for all time.

All the newly acquired land has been enclosed; the lower half of the
land bordering on Spring Creek with a barbed wire fence about 1,200
feet long. That portion adjoining the original hatchery land is
enclosed with a fence six boards high, which are fastened to extra large
cedar posts that will last for many years. On top of the posts on the
outside have been fastened arms of wood two by four inches in size and
thirty inches long. To these arms are attached three barbed wires, the
purpose of which is to prevent trespassers from climbing the fences and
getting into the grounds other than through the main gates, which are
open to the public every day from 10 A. M. to 4 p. m. The land pur-
chased from the Sisson estate as a site for the superintendent's dwelling
has also been enclosed by a substantial and neat picket fence.

2— FC

18 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

We next undertook the construction of a superintendent's dwelling,
paying special attention to the conditions that are to be met in a moun-
tainous district where the snowfall ranges from four to ten feet. A two-
story eight-room cottage was planned and carried to a successful finish
by our Chief Deputy, Charles A. Vogelsang. It was decided to cover
the outside of this building with shingles, for two important reasons.
The first was that it would render the house, which was ship-lapped on
the inside and outside of the studding, as snug and comfortable as any
hard-finished interior. The other was that the shingles would require
no paint. This is a great saving of expense, for it is well known that
to preserve the exterior of any house in good condition, especially in
high altitudes, where the climate is subject to extreme changes, it
would need repainting every two years. We used red cedar shingles.
These were given two coats of oil — one of raw and the other of boiled
linseed oil. The roof was given two coats of Cabot's shingle 'stain —
moss green in color and a noted wood preservative. On all the window
casings and other outside finished work an oil stain was used, conse-
quently this building has no paint whatever and none will ever be
required. We expect the house to present the same handsome appear-
ance ten years hence that it does to-day.

The house rests on a stone foundation. The material used is a hand-
some mottled gray lava rock, which was found nearby. The same
material was used in the construction of the chimney and fireplace in
the living room. While the foundation work was going on, a commo-
dious cellar was dug, and this was cement lined. The necessary drains
and sewers were also provided for, and connections were made to them
as the plumbing progressed during the construction of the house. Care-
ful attention was paid to these details, both as to materials used and as
to workmanship.

On the first floor, besides the entrance hall, there are four rooms — a
living room, kitchen, dining room, and library. In the large living room
an artistic fireplace was built of rough lava stone. This work was done
by Mr. Sawyer, of Sisson, a noted chimney and fireplace builder. It
has been a success from the start. The entire first floor is finished in
attractive, plain and figured burlap. The second floor contains four bed
chambers, with spacious closets and a handsome and complete bath-
room, fully equipped. Above the bathroom, under the roof, was installed
a hundred-gallon water tank, which is kept constantly supplied by a
No. 5 Rumsey hydraulic ram. The dwelling was also equipped through-
out with electric light wires and fixtures, in view of the fact that we
hope to utilize our own water-power to operate a dynamo, which will
furnish light to the superintendent's dwelling and all other buildings
on the premises, principally the main hatchery building, where, during
the winter months, candles or oil lamps are burned for three or four

20 REPOKT OF STATE HOAKD OF FISH COMMISSIONERS.

hours each day, and also at night, while salmon eggs are lieing hatched.
A woodshed was also added to the rear of the building and constructed
on the same lines and with the same finish as the cottage itself.

In every respect the building is first class. It is cozy, comfortable,
attractive, and most substantial. Its presence adds greatly to the
appearance of our grounds, but its chief value lies in the fact that it is
occupied by the superintendent of the station, W. H. Shebley, whose
watchful eye keeps the grounds constantly under surveillance. For
many years there was not a soul on the grounds at night. They were
practically open to poachers and other trespassers. Serious losses
occurred in our ponds. Now this trouble is passed, in addition to which
we have a building that is a credit not only to the station, but to the
State. It was built, exclusive of the rock work and bathroom equip-
ment, under contract by J. E. Lamborn for the sum of $2,500; the total
cost to the State was less than $3,000. It would not have been possible
to build such an attractive and thoroughly substantial house for this
sum but for the fact that all of the larger establishments to which we
applied for material made substantial concessions.

We hold in this office receipted vouchers showing in detail every
cent that was expended for labor, material, purchase of lands, and
other necessary incidentals for which this appropriation of $10,000 was
granted, and we respectfully submit that a more substantial or better
showing has never been made by any State institution, and we desire
to thank you, and every member of the Legislature, for assistance at a
time when it was much needed.

Two years ago, at the time our last biennial report was prepared, we
had but 36,000 fish in our ponds, having just begun the rearing of a
new stock of breeders. Two years is but a short time in which to
accomplish much toward increasing a stock of brood fish, but we are
pleased to' submit the following figures. We have increased the stock
from 36,000 to 108,400 fish and fry, that are fast developing into stock
fish. The following is a list of the fish in the ponds:

Adult Rainbow trout (Sal mo irideus) l,tM)()

Thirty months' old Rainbow trout {Salmo irideus) -. 10,00()

Eighteen montlis' old Rainbow trout (Sal mo irideus) 15,(XXi

Six months' old Rainbow trout (SoIdio irideus) 10,000

Eighteen months' old Steelhead trout {Salmo gairdneri) . 2,000

Adult Eastern brook-trout {Salmo fontinaJis) 1,000

Twenty months' old Eastern brook-trout {Salmo fontiualis) . 25,000

. Six months' old Eastern brook-trout {Salmo fontinalis)- 20,000

Adult Loch Leven trout {Salmo trnttn levnensit!) 400

Adult sunfish {Lepomis cyaiiellus) 2,000

Adult shiners 2,000

Grayling fry ( Thi/mnlliix inonfanvs) 7,00(»

Loch Leven fry {Salmo trulla levnends) 10,000

Landlocked salmon fry {Salmo salar sebaffo) 3,000

Total 108,400

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 21

The output of this station during the past two years, its present pros-
perous condition, and its prospects for the future, are best shown by
the following report, made by W. H. Shebley, the Superintendent of
Sisson Hatchery, and we commend its careful perusal by those of our
citizens who are interested in this most important subject of fisli cul-
ture. While some of his statements may seem extraordinary, we assure
you that they are made by a conservative man, who is master of his
profession.

Sisson, Cal., September 1, 1904.
To the Honorable Board of Fish Commissioners of the State of California:

Gentlemen: I herewith submit a report of tlie operations of the Sisson hatchery for
the years 1903 and 1904; also a report on the salmon ova received at tliis station from
the United States Bureau of Fisheries stations in California, from the summer and fall
runs of salmon of 1903, and the distribution of the fry. This was the largest hatch of
salmon eggs ever made. It is the best record of any station on the Pacific Coast, and of
a commercial value second to none in the United States.

This fine record could not have been made, as we would have been unable to take
advantage of the opportunities, were it not for the special appropriation made by the
last Legislature, whicli gave us the means to make the many improvements necessary
to put the station in order to do first-class work and to improve the pond system to such
an extent that we were able not only to hatch these eggs, but to dispose of the fry under
conditions that I believe will produce the very highest results. Without this additional
money our work would have been seriously handicapped, and young salmon represent-
ing hundreds of thousands of fish that are now swimming in our streams and coast
waters would never have been hatched.

In addition to handling an extraordinary number of salmon eggs, our trout work
went steadily on and we shipped a larger number of trout fry from this station than
had been done for years.

Early in the fall of 1903, when it appeared from the large run of salmon in the Sac-
ramento River that the fall run would be larger than the summer run, I planned an
auxiliary hatchery, to be built on the canal leading from the hatchery water system to
Cold Creek. This canal was dug tlirough the property of the Sisson estate, under an
agreement or lease for a term of years to allow us^ to run the young salmon through it
when they were large enough to plant. By distributing the young salmon in this
way, a great expense has been saved, and the fry are in better condition to descend the
stream to the river than when they are hauled out in wagons. This building is 35 by 40
feet and has a capacity of about 8,000,0(X» salmon eggs. It proved to be of the greatest
value to us during the hatching of this enormous take of salmon ova.

This hatchery receives its water supply from a 6-inch iron pipe-line, put in this'
summer, connecting the division tank with the new hatchery and a branch line built
to give the nurseries and a C(iuple of rearing ponds an independent supply of water, so
that the fry can be kept free from zymotic diseases that are apt to attack them if the water
becomes foul.

Eight new ponds and a nursery were built — five rearing ponds and three spawning
ponds. The rearing ponds were made by dividing the larger ones into smaller compart-
ments. These were made by constructing walls of 2-inch red fir plank firmly spiked to
4 by 6 inch posts driven deep into the earth, and placed 4 feet apart. These walls were
then braced by putting 2 by 6 inch scantlings diagonally across the walls from top to
bottom. A track was laid on top of the wall and from there to a pit 600 feet distant.
A car, with a cable attached to a steam engine, was used to haul the earth from the pit
to the walls. This arrangement worked very satisfactorily. Four hundred and sixty
feet of embankment .or walls were made, averaging 4 feet high, and 4 feet wide between
the planks. These ponds are now filled with different ages and sizes of fish that are
being raised for breeders.

The spawniiig ponds were constructed entirely of plank. They were built to place

22

KEl'OKT OF STATE BOARD OF FISH COMMISSIONERS.

the ti?<h entirely uikUt control, ^>o that they ean be liaiulled (hiring the breeding season
without injury anil loss. By the old method of handling the sx)a\vners a serious loss
occurred each season. The tisli in their efforts to spawn become emaciated, and if
allowed to remain on gravelly or sanily bottoms, get wounded in their work of nest
building and efforts at procreation, and a large number die from diseases produced at
this time. But if they are removed from tlie rearing ponds before maturity and placed
in the sjiawning ponds, they can tlien be handled by those skilled in the work with
oidy a small loss. The loss does not average more than six or eight per cent, if they
are carefully handled.

These spawning ponds are made of smoothly planed planks placed on the sides and
bottoms of excavations made for the purpose. They are H4 by l.i feet and from 3 to 3^
feet deep. The bottom is built on a gradual elevation, so as to be easily cleaned.
Tliere is a spawning race or raceway that connects with the pond and forms the inlet
for the water. This has an obstritction or dam in it, where it joins on to the pond,
raised to an elevation of from 4 to 10 inches, depending on the variety and size of the
trout. The fish when ready to spawn jump over the dam and enter the raceway,
where they are caught u\> and stripped of their eggs. They are then placed in a

SPAWXIXG PONDS— SISSON HATCHERY,

smooth-plank-lined pond to recuperate. They are left there until such time when their
desire to spawn leaves them and they have begun to feed again. They are then returned
to the large rearing ponds. This system of handling spawning fish was improved and
made practical by George N. Seagle, .Superintendent of Wytheville Station, Virginia,
United States Bureau of Fisheries. We are under obligations to him for the plans and
information that he kindly sent us. We have made some changes from his plan in
<:onstructing the ])onds, that I believe are improvements over his. But in each section of
the country different conditions arise that must be met by those in charge of the work.
There can be no universal rule for the whole country. Mr. Seagle has perfected the
system to his use and for the conditions as he finds them.

The salmon eggs from the United States Bureau of Fisheries stations in California
were received in good condition, considering the crowded condition of the buildings
and the extra work necessary to prepare them for shipment. Superintendent Lambson,
in charge of the United States Bureau of Fisheries stations, deserves great credit for the
successful manner in which this great run of salmon was handled. Early in the summer
of 1903 an unusually large run of salmon were found ascending the Sacramento River
on their way to the spawning grounds. Superintendent Lambson accordingly made

REPORT OF STATE BOARD OF FISH COMMISSIONERS.

28

arrangements to handle this increased run of tish, and notitied us early in the season
that he would in all probability take about 30,000,000 eggs from the summer run at
Baird station on the McCloud River. Our hatchery at this time was undergoing much
needed repairs, which the special appropriation of the Legislature allowed us to make.
The work on the troughs was rushed so as to have them in readiness for the eggs. The
capacity of Sisson hatchery at this time was H),(MM),0()0 eggs during the hatching perioil
and 8,000,000 embryos during the period of the absorption of tiie yolk sac. As the desire
of the Board was to hatch all the salmon eggs furnished by tlie United States Bureau of
Fisheries stations, I planned a system of troughs to be l)uilt over the ten imrseries or
rearing ponds, into which the embryo salmon could be put as fast as they hatched.
These troughs were made on the same plan as the regular hatching troughs. Two of
them were placed side by side on supi)orts t)ver the nurseries, about ten inches from the
surface of the water. They extended half way the length of the nursery. The water

SISSON HATCHERY.
Sectional view of nursery ponds, showing arraiiKenieiit of hrttoliiiig tronghs.

for the nursery was run through the troughs and discharged from the end of the trough
into the center of the nursery. The embryos were kept in these troughs until they had
partially absorbed the sac and the pigment had taken the place of the mucus in the
epidermis. They were then placed in the nursery underneath the troughs. The danger
of smothering is passed when they arrive at this stage. This is one of the hardest things
to overcome in rearing the embryos in large numbers outside of the regular hatching
troughs. This method of handling them proved to be a great success. The embryos
were released from the troughs into the nurseries at the proper age, and the troughs
refilled from the hatchery with another lot that had just hatched. After the embryos
had attained the swimming stage, they were allowed to escape from the nurseries into
the canal or ditch connecting the hatchery water system with Cold Creek and from
there pass into the main Sacramento River. The loss in rearing with this system was
very small after the embryos were turned from the troughs into the nursery. The
bottoms of the nurseries are built on an elevation, tluis making them easy to clean.

24 REPORT OK STATE BOARD OF FISH COMMISSIONERS.

The expectations of Superintendent Lanibson iit Baird Station were realized, and
from August IHth to October 17th, 27,2(KI,(XK) eggs were shipj)ed from Baird station to
Sisson hatchery. These were hatched and the fry released on the dates given in the
list of shipments annexed to this report. The second or fall run of salmon proved to be
larger than the summer run, and 31,432, (»00 eggs were secured at Battle Creek and Mill
Creek stations, making a total of .58,<J32,(X)0 eggs for the season — the largest number of
salmon eggs ever hatched at one station in one season.

The fry were released during the fall, winter, and spring, in sucli nuiiil)ers and at
such times as would give them the best chances of descending the river without being
crowded or in numbers greater than the food supply. The young salmon were allowed
to escape from the nurseries and rearing troughs as soon as the yolk sac had entirely
disappeared and they were able to swim without stopping on the bottom to rest, or
when their swimming powers were fully developed. They passed down the canal to
Cold Creek and from there to the Sacramento River.

This is a most favorable place to release young salmon in large numbers, as there is
an abundance of natural food, and the swiftly moving water soon scatters them over a
large natural nursery ground. The stream (Cold Creek) and the river fall about 37 feet
to the mile, for about 80 miles. This assists the schools of young salmon in passing
down the river rapidly. They generally move in schools. The food of young salmon
at all times in the streams is insects, both land and aquatic varieties. Examinations
made of the fry as the schools were descending the river, always found them well fed
and in good condition. The fry descend the river from the hatchery to near Redding
at the rate of from 10 to 15 miles a day. Xear Redding the river becomes less rapid and
their movements are slower. Thus it will be seen that they are soon scattered over a
large amount of natural feeding ground. They are from six weeks to foiir months
reaching salt water.

The winter and spring of 1903-04 were very favorable for the movements of young
salmon. The great amount of flood water in our rivers and streams kept them con-
stantly on the move, and a smaller per cent than usual of the spring fry remained in
the pools at the headwaters of the river di;ring the summer. This means a rapid growth
for the majority of the fry. Those that linger in the pools do not thrive, but on the
contrary are pigmies and in my opinion produce the majority of the grilse found in the
fall ascending the river with the full-grown salmon. The high water in the Sacramento
River caused a number of breaks in the levees on the lower river, and probably some of
the young salmon were carried into the tule basins and there perished when the water
receded. Of this I have no knowledge, but it ai)pears to be a natural conclusion that a
certain percentage of them would be carried witli tlie current through the breaks in the
levees.

The output of fish from the Sisson hatchery for the two years beginning September
1, 1902, and ending August 31, 1904, is as follows:

Season 1903.
Salmon eggs received from Baird, Battle Creek, and Mill Creek
Stations, U. S. Bureau of Fisheries, during summer and
fall run of 1902, and hatched and distributed from the Sis-
son hatchery .' 14,782,540

Eastern brook-trout fry 415,(Mmi

Rainbow trout fry .")02,(XM )

Cutthroat trout (Salmo lifiislunri) ... 752,(XK1

Sunfish 1,356

16,452,896
Season 1904-
Salmon eggs . 58,432.0( m i

Rainbow trout fry 5(K),( K H i

Eastern brook-trout fry 682,0(m:)

Cutthroat trout {Salmo henshaivi) trout fry 90,(XH)

Loch Leven trout fry 29,im

Landlocked salmon fry .. 7,000

59,740,000
.Making a grand total of 76,192,896

26 KEruKT OF 8TATE BOARD OF FISH COMMISSIONEK.S.

The last t\V(i years liave been busy ones at this station, esjtecially the year just closed,
when there was expended on these grounds the iflOjtiDO ai)proin-iated at the last session
of the Legislature. All of the work and improvements were absolutely necessary.
The help came when it was most needed. In efficiency and ca^tacity we have gained at
least six years. All of the improvements are of a duralilo and permanent character.
We now have eighteen trout-rearing ponds and eleven nurseries. While they require
consideral)le labor to keeji them clean and in such order that the fish will thrive, they
have been provided with drains so that one pond can be emptied at a time, affording
better opportunities for sorting the fry, which important work must be done system-
atically and by skilled hands, in order that no injury will be done the fish. I find that
after the first six months the young fish should be sorted every sixty days, owing
to unequal development. The smaller and weaker ones always fall victims to the more
precocious and larger ones of their own kind.

The amount of food required for our pond fish will be considerably increased during
the coming season. We now use on an average of 240 pounds of prepared food per day.
With its ])resent e(iuii)ment, this station, in my judgment, will compare favorably
with the best in the United States. With an attractive and comfortable home on the
grounds and the constant danger that threatened our water supply removed, there is a
sense of security and comfort that was never experienced before by myself or other
emi)loy6s of this station.

We will probably secure this fall and winter 300,000 Eastern brook-trout eggs, 200,000
Loch Leven trout eggs, and if our thirty months' old Rainbow trout come up to expecta-
tions, 600,000 to 750,000 Rainbow trout eggs. In forecasting the take of eggs, it is diffi-
cult to make a close estimate on young fish. As a rule, only thirty per cent of the females
come to nuiturity between thirty months and three years old. I am expecting fully that
many to come to maturity this season. After this season, if no epidemic breaks out
among the fish or unless some accident happens, the adult spawners will increase very
fast. Next season the output should reach l,000,0t)0 Rainbow and from 1,000,000 to
1,500,000 Eastern brook-trout eggs. The increase from that time on will be rapid.

We have devoted considerable time and labor to beautifying the grounds, putting
out shade and ornamental trees, which not only render them more attractive to our
summer visitors, but furnish shade and protection to the fish in the ponds, besides
supplying them with a certain amount of food in the shape of insect life.

1 have been ably assisted in the management of the station by the advice, good
judgment, and untiring zeal of your Chief Deputy, Charles A. Vogelsang.

Respectfullv submitted.

W. H. SHEBLEY,
Superintendent of Sisson Hatchery.

THE SALMON LAW.

We are pleased to report that the existing and most excellent law for
the protection and preservation of salmon, which is our most valuable
food fish, is being more generally understood and recognized through-
out the State. We treated this subject at considerable length in our
last biennial report. There have since been very few, if any, criticisms.
In fact, the absolute necessity for the seeming but unreal discrimina-
tions, as well as the benefits that are so manifestly following the pres-
ent law, are now so well understood by all intelligent people, that in
the upper Sacramento Valley, where most of the former dissatisfaction
existed, there has been little or no complaint. The credit for this
change in public sentiment is due largely to the broad and enlightened
treatment of the question by the press. The people have been kept

REPORT OF STATE BOARD OF FISH COMMISSIONERS.

27

advised as to the open and close seasons, and editorial space has been
freely given to the subject.

Occasionally we are asked to recommend a change in the date for

the beginning of the close season, by making it ten days or two weeks
later, because it sometimes happens that the fall run is later than
usual and the fishermen and dealers are obliged to discontinue their

28 KEl'OKT OF STATE 150A1UJ OF FISII COMMISSIONERS.

operations at the height of the run. These requests come mainly from
cold-storage people of other States (who operate here) and a few fish
dealers whose interests are purely selfish. The principal canneries
(those that have been established in our State for years and whose
managers have studied the movements of our salmon and have learned
the value of artificial propagation) desire no change, unless it be to
extend the close season from October 16th to October 25th. The intel-
ligent salmon fisherman is also satisfied.

Under the operations of this law, our salmon supply has continued
to show a remarkable increase. These results are not so apparent
from the returns by the canneries. The reason is not difficult to find,
for the canneries can only afford to pay such a price for fish as will
permit them to meet the competition of northern canneries, otherwise
there is no profit in the business. In other words, they take only the
surplus fish during the heavy runs, when the market is glutted, for
which they pay from two to three cents per pound. There is such an
increasing demand for our fresh salmon and the fishermen receive so
much better prices from the cold-storage plants, who prepare them for
shipment to Eastern States and States north of us, that the canneries
are obliged to depend upon what they can get at their own figure,
which is about one half what is paid by the cold-storage plants. In
other words, cold-storage plants are taking the place of the canneries.
Business concerns from Washington and Oregon have established plants
at different points along the Sacramento River from Chico to Vallejo.
The fish are also handled by the same process at Monterey.

The common remark that the pioneer saw the palmy days of the
salmon run, is not made by men who have lived along the Sacramento
River for forty years, who state that never to their knowledge were
these fish so numerous as in 1908 and 1904. This statement may seem
startling, but our experience and observations will support it. Not
only is the Sacramento River and its tributaries producing more salmon
than ever before, but the San Joaquin River and its tributaries, the
Stanislaus, Tuolumne, and Merced, all show increased runs. Streams
in which salmon had not been seen for many years contain them in
large numbers now, indicating that the salmon are so plentiful that
they spread into all of the smaller streams to find spawning grounds.

The United States Bureau of Fisheries station at Mill Creek, first put
in operation three years ago, shoAvs a splendid gain from year to year
in its take of salmon eggs. Battle Creek and Baird stations have
broken the world's record in the past two years. In the fall of 1903
this Commission handled more than 68,000,000 salmon eggs furnished
l)y these stations. In the fall of 1902 the returns were not so large,
owing to early November rains, which swept out the retaining racks
and liberated thousands of spawn-bearing fish. At Battle Creek station

REPORT OF STATE BOARD OF FISH COMMISSIONERS.

29

it Avas estimated that there were enough fish between the racks to have
furnished 30,000,000 eggs, all of which were lost so far as hatcher}^
work was concerned, allowing the fish to pass up stream and propagate
naturally; and when it is remembered that b}^ artificial hatching
approximately eighty-seven per cent of these eggs would have ])een
liberated as salmon fry, while vmder natural conditions not more than
one per cent would have survived, the value of artificial propagation is
better appreciated.

During the months of April, May, and June, the fishermen on the
Sacramento River received as high as 7 cents per pound for their catch.
Small stations, like Tehama, ship as much as three tons of fresh salmon
in a single day. During the present spring run there was shipped from
Chico alone, upward of 80 tons of fresh salmon, which figures were
furnished by Wells, Fargo & Co.'s office at that city. Another striking
example is afforded by the fact that during the spring and summer of
190?), fresh salmon by the carload were shipped from Sacramento City
direct to New York City, also to Boston, Chicago, and other Eastern
cities, where the Sacramento River salmon has established a market
value of its own, selling for from 30 to 40 cents per pound. Tons of
salmon are shipped from San Francisco and points along the Sacra
mento River to Oregon and Washington, both great salmon-producing
States. In the fall of 1903, one steamer carried 45 tons of fresh salmon
from San Francisco to Astoria.

These facts are laid before our people so that they may better appre-
ciate the great advantages this State enjoys under the existence of the
present salmon law, which has stood the constitutional test in our
highest court. With a law producing such splendid results and sus-
tained by the Supreme Court, we can see no present reason why it
should be altered in the slightest degree, and we earnestly recommend
that no change or modification be made. Local objections must of
necessity give way to the greater and more important interests of the
State at large. The subject must not be considered from a narrow or
local standpoint.

The following table represents the number of cases of Sacramento
River salmon packed since 1890, and shows an encouraging increase:

Year.

18^X3
1891
1892
1898

1894

Cases

25,065
10,353
2,281
23,336
28,463

Yodi

Cases.

Year.

Cases.

1895
lS9(i

1897
1898
1899

25,185
13,387
38,543
29,731
33,227

1900
1901
1902
1903

am

39,304
50,0(M
48,172
64,430
54,710

30 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

THE QUINNAT SALMON.

Extracts from "Report on Investigations in the Sacramento River, 1896-1901," by Cloudsley
Riitter, Naturalist, V . S. Fish Commission steamer Albatross.

Value of Artificial Propagation. — Something of the value of artificial
propagation can be learned from an experiment tried at Clackamas
hatchery, Oregon. In March, 1896, 5,000 salmon fry 2.5 inches long
were marked by cutting off the adipose fin. The eggs from which the
fry were hatched were spawned at Baird hatchery in September, 1895.
Mr. Hubbard, superintendent of Clackamas hatchery, who tried the
experiment, reported that 375 of the marked fishes were taken in 1898.
The smallest weighed 10 pounds, the largest 57 pounds, and the average
was 27.7 pounds. Besides these, 5 were taken in the Sacramento River
in 1898. A few more were taken both in the Columbia and in the Sac-
ramento in 1899, and also in 1900. The 1900 specimens, however, may
have been of those marked in the Sacramento in 1898. From these
5,000 fry 2.5 inches long, costing less than a dollar to produce, fish
weighing over 5 tons were taken. That means for every female fish
stripped at the hatchery the fishermen should catch about 5 tons three
years later. About 400 of the 5,000 marked fishes were reported taken.
We have no means of knowing how many came back to fresh water and
escaped the nets, or how many were caught but not noticed.

Length of Life of Fall Salmon after Reaching Spawning-Groundf'. —
September 30, 1900, numbered metallic tags were attached to three male
salmon, which were then released in the pool between the racks at
Battle Creek fishery; 1 of these was found dead October 5th, having
survived five days. October 22d, 36 others were tagged and released in
the pool; 27 of these were seen at various times, some of them quite
frequently, up to November 1st, and 5 of them were found dead within
that time, the maximum time being ten days. On October 25th, 36
were tagged and released in the creek below the racks; 8 of these were
found dead on the racks up to November 10th, a period of 16 days.
Four were tagged and released in the mouth of the creek, about two
miles below the fishery, on November 4th. One of these was seen on
the 5th and again on the 8th, when it was almost dead, a period of four
days. November 9th, 39 were tagged and released in the river below
the mouth of Battle Creek; 3 were seen at the fishery on the 16th, 7
days afterwards. Altogether 12 tagged fishes were seen after dying, and
the average time that they lived after tagging was 11 days. The longest
time was 16 days; some had probably been in the creek a few days
when tagged, although the freshest were selected. Two weeks is a very
fair estimate of the length of life after reaching the spawning-grounds.
Branded specimen No. 91, a female, lived but 8 days after reaching the
spawning-grounds.

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 31

Death of Quinnat Salvion. — The salmon of the genus Oncorhynchu.s
apparently has no instinct whatever to return to salt water after spawn-
ing. Worn-out specimens are sometimes seen drifting down stream and
have been found as far down as Sacramento, though it is by no means
certain that such have been on spawning-beds. In such cases they are
simply too weak to stem the current and, according to a Sacramento
fisherman, " not fit to look at." Dead salmon rarely float, although
the current sometimes washes them along the bottom a short distance.
I have seen dead salmon lie for several days in rapids and have seen
them in all stages of decay in strong currents. Of the two hundred or
more dead salmon that were marked and thrown over the upper rack
at Battle Creek fishery in 1900, only two were carried to the lower
rack, which was a half mile farther down stream. In small streams
the water is often greatly contaminated by the dead fish, and the stench
is a great nuisance to people living in the vicinity.

The great variation in size of spawning salmon, together with the
occasional presence of certain scars, such as a broken nose, has led
many people to doubt whether they all die after spawning once. The
variation in size amounts to nothing as an argument, when we know
that with about sixty marked fishes known to be of the same age, taken
in the Columbia River in 1898, the variation in size was from 10 to 57
pounds. The broken nose could be received at many other times than
when spawning.

It is sometimes thought that if a spawned-out salmon would float
down stream to salt water it would revive, but svich is not the case.
Humpback and dog salmon often spawn in small creeks and brooks
that empty directly into the ocean, yet they die like other species. They
have been seen dying and dead in brackish water. The investigation of
the blueback salmon or redfish in Idaho in 1895 (see Bulletin United
States Fish Commission, 1896, p. 192), when a net was placed across the
mouth of a small stream containing about a thousand salmon, proved
that that species has no tendency to return to salt water after spawn-
ing. Lake Karluk, Kadiak Island, Alaska, is but about twenty miles
from the ocean and is a great spawning-place for the blueback salmon.
The outlet is shallow near the mouth, and if the salmon ever went back
the Indians would be sure to see them, but they do not. In June, 1897,
the shore of the lake for miles was lined with the bones of the salmon
that had died six to eight months previously. The fact that all salmon
of the genus Oncorhynchvs die very shortly after spawning once can not
be questioned.

THE TROUT LAW.

After careful consideration of the subject, we are of the opinion that
it would l)e wise and beneficial to the trout interests to amend tho
present law, which opens the season for the taking of trout on April

32 REPORT OF STATE HOARD OF FISH COMMISSIONERS.

1st, and substitute INIay 1st as the beginning of the open season. Only in
a few of the coast counties are the fish through spawning by April 1st.
In by far the greater part of our trout-bearing waters these fish have
not finished spawning until May 1st, and in the higher altitudes not
until June 1st. As the mountain resorts do not open before June
loth, and the campers do not make their appearance before the 1st of
June, those sections will take care of themselves. In Lake Independ-
ence, one of the finest trout lakes of our State, the trout are threat-
ened with extermination. Market fishermen reach there on snowshoes
and begin their operations on the 1st of April, fishing through holes
in the ice. As the fish have not yet begun to spawn, they take bait
readily, with the result that thousands of pounds of spawn fish are
shipped to market from Truckee every week, causing the loss of millions
of eggs, which if allowed to hatch would produce thousands of fish for
the angler and camper.

We w^ould also recommend that the weight at which trout can l)e
legally sold be increased from half a pound to one pound. As com-
paratively few above a pound are taken, it would have the effect of check-
ing market fishing (excepting in some of the larger lakes), which would
result in a better distribution of the fish. In other words, it Avould
mean more fish to more people. Under present conditions the market
fishermen pull out tons of spawning fish and ship them to the markets
in the larger cities, where they command a price far beyond the average
person's means, retailing at from 50 to 75 cents per pound. More of
our people are going to the mountains every year; the number of anglers
is increasing, and the increase is not confined to the wealthier classes.
In many States of the Union the sale of trout is absolutely prohibited,
but in our opinion the time for such action on our part has not yet
arrived. We believe that sufficient protection and a more eciuitable dis-
tribution of the wealth of our streams will be attained by increasing
the weight limit of trout that can be sold, from half a pound to one
pound.

We would also recommend that a size limit l)e jdaced on the posses-
sion of young trout, l)y making it an offense to have in possession
an}' trout less than five inches in length. In many of the coast
streams young steelhead and other trout are taken by hundreds, vary-
ing in size from three to four inches. In tlie steelhead it represents
the destruction of a fish that might reach a weight of twenty pounds.
The taking of one such specimen is worth, as food and in sport, a thou-
sand four- or five-inch fry. While such a law might not prevent the
loss of all small fish, a large percentage of those returned immediateh'
to the water will survive, and it would put a stop to the practice of
loading up creels and barrels with baby trout.

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 33

EASTERN BROOK-TROUT.

( Sa linu fon tina lis . )

Our experiments with Eastern brook-trout are producing most gratify-
ing results. We have for the past two years made, with the United
States Bureau of Fisheries, an exchange of 200,000 of those eggs for an
equal number of Rainbow eggs. Those we secured were sent from the
United States station at Leadville, Colo., where they had been intro-
duced from New Hampshire and Vermont some years previously. In

1903, at our Verdi station in Nevada, we hatched 92,000 fry from one
half the Leadville consignment of 100,000 eggs. The fry were dis-
tributed in the small meadow streams and lakes in the Tahoe and
Truckee regions. The remaining 100,000, from which 90,000 fry were
produced, were hatched at our Sisson hatchery and were placed in
suitable waters in the northern part of the State. Careful attention
had brought good results from the comparatively small stock of breeders
raised in the hatchery ponds at Sisson. From them we secured
320,000 eggs, giving approximately 480,000 fry from all sources for
distribution in 1903.

In 1904 we secured another consignment of 200,000 Eastern brook-
trout eggs from Leadville, and with still better results from our pond
fish at Sisson we have distributed this year about 800,000 fry.

It is safe to say that better results have never come from any plants
of fresh-water fishes made since this Commission was organized.
From plants made in August, 1902 — two years ago — specimens have
been taken weighing two pounds. In Foulk's Lake, a small body of
water near Verdi, Nev., specimens have been taken weighing upward of
1\ pounds. In the Tuolumne meadows they have attained a weight
of 2 pounds in two years from the date of planting.

Remarkable results have come from plants made in August, 1903.
In a series of small connected lakes, five in number, situated in the
Tahoe region near Tallac, 25,000 fry were planted. On August 12,

1904, specimens were taken ranging from 8 to 9 inches in length. The
fry had been planted in the small stream connecting these bodies of
water and not in the lakes, but we were surprised and delighted to find
by actual tests that they had spread out so that specimens were either
seen or taken in each lake, as well as from the stream. As these lakes
had never been stocked until these fish were carried there on pack
animals (through the courtesy of Messrs. Comstock and Lawrence)
and were known to be barren of fish life, and the specimens taken were
all of the introduced and easily distinguished Eastern brook-trout, there
could be no better demonstration of their remarkable development and
adaptability to the cold waters of the high altitudes of the Sierra.
Another striking example of their growth is afforded by the results
following the planting of one can of 5,000 fry, six months old, in

3— FC

34

REPORT OF STATE BOARD OF FISH COMMISSIONERS.

August, 1903, in Watson Lake, a small body of water covering an area
of tifteen acres, situated about five miles from Tahoe City, at an eleva-
tion of 7,000 feet. In that lake a plant of Cutthroat fry was placed in

1902, or one year earlier than the Eastern brook-trout fry. In August,
1904, specimens of both fish were taken. The former showed for two
years' growth a maximum length of 8 inches; the latter showed in one
year's time a maximum lencrth of 10 inches, and the proportion of

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 35

Eastern to Cutthroat taken was two to one. We have retained speci-
mens of these fish taken from each place, and they can be seen in our
office.

These positive examples have confirmed our judgment of the value
of these fishes, as expressed in our report of 1901-02,- and with the
splendid stock of "breeders" at Sisson, now rapidly increasing, we
confidently expect to have in two years' time an annual output of
1,500,000 fry.

In addition to the plants made in the higher altitudes, we began to
test their adaptability to the head waters of some of the coast counties,
and while the exceptional growth in the Sierra have not been dupli-
cated, reports from plants made last year indicate that they have shown
as good results as any other variety of trout planted in former years,
with the distinct advantage that instead of drifting down stream to salt
water, they work up stream and remain in fresh water. Being "fall
spawners," which means that they spawn late in the year, beginning
generally in the early part of November and continuing into December,
they are in prime condition to take when the open season commences.
As they rise to a fly or take bait equally well, and will remain where
planted, no matter how small the brook, they fill an important place in
waters left vacant by Rainbow or Cutthroat trout, neither of which is
naturally found there, nor will remain when planted there. It is be-
lieved, however, that in streams subject to sudden rises during winter
freshets, they can not show an increase through natural propagation,
both the eggs and young fry being easily destroyed by torrential floods,
which are to be expected dviring the hatching and rearing periods;
therefore, we would not advise their planting to any great extent in the
Coast Range streams, except it be at the headwaters or in lakes and
reservoirs that are not subject to much change.

STRIPED BASS.

During the legislative session of 1903 our recommendations that the
weight limit on bass that could be lawfully taken be changed from one
pound to three pounds, and a continuous open season for their capture
be granted, became a law. We are pleased to report a decided increase
in the numbers of this fish. Not only is the striped bass one of the
most palatable and nutritious of our food fishes, but it is second in
value and importance to salmon. We are importuned by some dealers
to have the weight again reduced to one pound, this request usually
coming during the time of a prosecution for a violation of this law.
Some of the larger dealers go so far as to claim that unless the limit is
again reduced, striped bass will become as plentiful and cheap as shad,
which period, in our opinion, could not arrive too soon. It is a note-

36 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

worthy fact that many of our citizens solicit from the dealers young
and immature fish, ranging from half a pound to one and a half pounds,
which they regard as a great delicacy. On the other hand, in their
native waters the small fish are not regarded with favor. In the whole-
sale markets in New York and other Eastern seaports where striped bass
are found, they are graded into three classes, known as pan, medium,
and boiling. The latter is the largest size, and invariably commands
twice the price per pound that obtains for the smaller or pan fish. The
anglers of our State have discovered the prime sporting qualities of this
fish, and their interest in consequence has become much aroused. They
ask that a close season be established for two or three months. Thu.«
it is seen that the views of the marketmen and of the sportsmen are
widely divergent. Between them w'e think there is a happy medium,,
and that is, to allow striped bass to be taken at all seasons of the year
and the three-pound limit maintained as at present. The size of mesh
that would of necessity be required to take one-pound fish would destroy
all others of less weight that get into the net. However much the fish-
ermen might try to respect the law, the mere weight of the catch would
crush to death those weighing from a few ounces up to a half pound.
This loss is serious when it is understood that these small fish have
already escaped most of the vicissitudes incident to their lives, and that
if not artificially destroyed they would in a few years attain a weight
of forty to fifty pounds.

In the past four years a great many striped bass clubs have been
organized and there are thousands of our people who not only have
sport but are able to furnish their tables with a most desirable food fish.
On any Sunday or holiday thousands of these anglers may be found
along our bay shores and along the San Joaquin and Sacramento rivers
as w^ell as their tributaries. Striped bass weighing twelve pounds have
been taken in the clear waters of Feather River above Oroville. They
are found in large numbers in the Tuolumne River above Modesto, in
the Merced River, and in the San Joaquin River they have been found
as far up stream as Pollasky. Naturally, as in all fishing, there are
days when the angler and the fish do not connect. Then the idea
occurs that perhaps too much liberty is allowed the net or market fish-
ermen. The anglers advocate a close season during the spawning season
of these fish. In our opinion this would be both unwise and unneces-
sary. Unwise because it would be an absolute impossibility to catch
salmon and not kill the large striped bass, ranging from 20 to 50
pounds, that are caught in the same net with the salmon.

If a close season existed it would be an offense to sell or have striped
bass in one's possession. The fishermen would be compelled to throw
them away; thus their value as spawn producers and as a food supply
would he lost to the people. In fact, during such close season tons of

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 37

i\ valuable food supply would be wasted daily. It is unfortunate that
the spawning season of striped bass occurs at the time the spring run of
salmon enters our rivers. When the fishermen are receiving from 5 to 7
cents per pound for salmon, the price for striped bass is from f to H
<'ents. If then a close season were established, it would mean that
thousands of poor people who depend largely upon fish and who buy
striped bass would be unable to obtain them and would have to buy
other fish, inferior or more expensive, resulting also in an increased
■demand for salmon, with attendant increase in price thereof.

As the great value of the striped bass unquestionably lies in its com-
mercial and economic importance and not in its qualities as a game
fish, and while under the present law the supply is not only maintained
but is steadily increasing, we can see no valid or substantial reason for
changing it in any particular.

Wide as the range now is for striped bass, it is still confined to the
interior bays and rivers. It is a remarkable showing that from a plant
of 400 fingerlings made at Army Point, Solano County, in 1882, market
sales approximating 2,000,000 pounds were made in 1903. They have
not gone far north or south of the Golden Gate. Russian River, in
Sonoma County, seems to be almost the northern boundary line, and
Monterey Bay the southern. These fish adapt themselves so readily to
fresh water that it appears that the long voyage they would have to
make through salt water to reach other fresh-water streams is too great
for them to accomplish. To overcome that long journey, we have made
plants both north and south. The southern plant was made in Orange
County in December, 1903, in a series of brackish lagoons fed by fresh
water. This plant was remarkable for the size of the fish that were
transported in safety. J. H. Davis and M. L. Cross, two of our expe-
rienced deputies, were placed in charge of this work. They collected
about seventy-five bass, ranging in weight from six ounces up to three
and one half pounds. The fish were segregated as to size, were held in
live cars for thirty-six hours, and then were shipped in twenty-gallon
fish-shipping cans, a distance of nearly 700 miles, reaching their destina-
tion without the loss of a single fish. It is hoped and believed that
these fish will gain a permanent foothold in southern California, and
not only be found in the mouth of the Santa Ana River, but will reach
San Diego Bay. We have also arranged to make a substantial ship-
ment of striped bass to Del Norte County. The District Attorney,
Board of Supervisors, and some of the leading citizens of that county
wish to add a desirable fish to their food supply, and have asked for
black bass, which is exclusively a fresh-water fish. We concluded, after
having received descriptions of the waters, which range from salt and
brackish to fresh, that striped bass would give better results, and we
hope to see this fish firmly established in Del Norte County before the
winter.

38 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

SHRIMPS.

During the session of the Legislature of 1903, i)ersistent efforts were
again made by interested parties, acting on behalf of the Chinese shrimp
companies, to amend the present shrimp law, enacted during the session
of 1901, whereby a close season of four months (May, June, July, and
August) was established. Judging from the determined attacks made
at that time to reduce the open season, and from the number of petitions
that have since come to this office, as well as from the various induce-
ments held out to our deputies to ignore the provisions of the present
law and allow the Chinese shrimp fishermen to follow their destructive
methods, we feel that the report on the operations of shrimp fishermen,
published in the Fish Commissioners' Report of 1899-1900, should be
again printed, in order that this matter may be clearly understood.
This report was made by N. B. Scofield, of Stanford University, who
was indorsed and recommended to the Board of Fish Commissioners by
Dr. David Starr Jordan. Mr. Scofield was regularly in our employ and
carried on his investigations for a period of several months. The report
is as follows:

Tlie Chinese shrimp boat is of Cliinese make and pattern, anil is 40 feet long by 10
feet on the beam; it carries a 30-foot mast, which bears a typical Chinese sail. The
crew is invariably made up of five men.

The fishing is done by means of bag nets made in China expressly for the shrimp
tishing. Each net is about 20 feet across its mouth, and narrows quickly into a narrow
bag about 40 feet long. The end of the bag is open, so that the contents of the net can
be easily let out by untying a string which holds the opening closed. Near the mouth
of the net the mesh is large (about 2-inch), but it gradually grows smaller till in the
last half of the bag the mesh is ^ inch.

Each boat operates from twenty to thirty nets, which are set on the bottom with
their mouths against the current. Some position is selected in the channel where the
current is strong, and here a line is stretched across the current — lying on the bottom
and anchored at either end and occasionally in the middle — the position of the anchors
.marked by buoys. The nets are set along this line, usually at low tide, and are taken
up again at the next high tide; depending on the current to drift tlic shrimps into the
nets.

By a special contrivance the nets can be set and taken up without the anchors by
which they are held in place.

In drawing in the nets the fishermen pull up one end of the line to which the nets
are attached and pass it over a pulley at the bow of the boat and reel it in by a windlass
in the stern. As each net comes up to the surface at the bow of the boat, it is unfastened
from the line and carried around to the side of the boat, where it is pulled up by hand
and its contents dumped into the boat. The nets are taken ashore and dried, and at
the next low tide a second set of nets is taken out, each boat having two sets.

The number of shrimps caught by each boat varies greatly. At some time they
catch only a couple of baskets, which weigh about 90 pounds each; at other times,
when everything is favorable, they catch as high as eighty baskets. These numbers
include everything caught.

The shrimps when brought into tlii' camp are first boiled in large open vats. Salt
water is used for the boiling, coarse salt being added in large quantities. After boiling
about thirtj' minutes they are spread out on the ground to dry. After they are suffi-
ciently dried they are swept together and rolled thoroughly with heavy cleated rollers.

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 39

whicli break the shells uvvay from the "meat" of tlic shriiii)). Then, after a process of
alternate sifting and beating and picking over by hand and running through a fanning
mill, the "meat " is gotten out. For this dried shrimp meat the lishermen get 8 cents
a pound in San Francisco. The shells and other impurities are saved and are made use
of as a fertilizer, and with the rest of the shrimp product are sent to China.

A few shrimps are taken at the San Rafael lishery and sent fresh each day to the
San Francisco market.

The time of setting the nets varies. Sometimes the best catch is made while the tide
is running out; at others, the catch is equally good for the outgoing and incoming
tide— due probably to a general movement of the shrimps, independent of the current.

When the catch is large the men stay at the nets and pull them in every hour or two.

The average catch per day for each boat at the San Rafael fishery during the last
two weeks of July was 70 baskets, each basket weighing about 90 pounds, making in all
tj,300 pounds. The average number of boats out each day was seven, making in all
a daily catch of 44,100 pounds. For fifteen days this number is swelled to 661,500
l)ounds. One half of this consisted of small fish, principally of the following species:
Ofmiemn thaleicldhi/s (smelt) ; Engranlk mordax (California anchovy) ; Forichlhys notafuit
(midshipman) ; Lepticottus nrmatns (sculpin).

The small Osmenis thaleichthi/s, about 2.V to 85 inches long, were very abundant,
making up over one fourth of the entire catch. The estimated amount of these young
smelt taken in the last fifteen days of July is 165,375 pounds, or about 16,537,500 small
tish. It is more than probable that this particular smelt is the principal food of the
young salmon descending the Sacramento River.

When the nets come to the surface of the water these small smelt are dead, so that to
throw them back would do no good. The only way to prevent this destruction would
be to stop the fishing entirely during the time from April to October when these fish
are so abundant.

The Chinamen save a good many of these young smelt, drying them on trays. They
say they get 10 cents a pound for them.

During July they caught but few flounders. These were saved and dried, along with
a few sculpins, etc., which are not eaten by any one else. During May and June the
catch of flounders is very much greater than at the present time.

The same conditions that existed at the time this report was written,
prevail to-day. There has been no change in the method of taking
shrimps, and the same reasons that existed for continuing the present
close season exist more strongly to-day, because as our population
increases there is a greater demand for fish. Therefore, we can less
afford to have the young fish — a future food supply — destroyed.

The Chinese are the only people represented in the capture of
shrimps, and they would like to see the present close season reduced
by one or two months. They have made strenuous efforts to abrogate
or amend this law, which perhaps would not have been attempted were
it not that they, as for some years past, have been made the victims of
designing whites. The voluminous petitions for such amendment,
which have been presented to us, on examination proved to be signed
largely by fictitious names, and by others who, we believe, possess not
the slightest information on the subject of shrimps or the destruction
of young fish that follows their capture.

It is well understood that to supply the local demand for fresh
shrimps, not more than five or six boats would find the occupation
profitable. We have suggested that the exportation of dried shrimps

40 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

be prohibited, which would reduce the number of boats engaged in this
work about three fourths. The State could then, without much injury
to our general fishery interests, grant a continuous open season. The
shipping of dried shrimps and dried young fish to China is profitable?
for which reason the proposed amendments are urged by those interested.

Since the refusal of our Supreme Court and of the United States
District Court to issue writs of habeas corpus in cases of arrest of shrimp
fishermen by our deputies, only one legal effort has been made to
nullify the law. An appeal to our Supreme Court was made on the
ground that a constitutional provision had been violated when the
Legislature included fish and game under one title. This effort was
distinguished chiefly by the force and brevity of the opinion of a
unanimous court, which held that "the preservation of fish and game
is a single subject of legislation, and may properly be embraced in the
same act."

We firmlv believe that this law should not be disturbed, for the follow-
ing reasons, which were given in our preceding report: "Because not a
single citizen of our State has suffered by its operations. Not only has
there been an ample supply of fresh shrimps for our markets, but mill-
ions of young fish have escaped destruction, and are thereby enabled
to attain a marketable size, which contributes to the benefit of all our
people and tends to destroy a Chinese monopoly. As every interest of
the commonwealth relating to fisheries has been subserved, and only
the export trade of the dried shrimp and small fish to China has been
decreased by this law, we would most earnestly recommend that it be
continued on our statute books indefinitely."

CARP.

With so many superior food fishes at hand, it is not strange that our
people regard the carp with disfavor. Notwithstanding they are found
in all our markets, they are sold principally to the Chinese. The Fish
Commission has often been criticised for introducing this fish into the
waters of this State. In our opinion, carp have been a benefit rather
than a detriment; not as a food supply for the people, but because of
the food they furnish for better fishes. The first carp, about seven
hundred in number, were brought into this State in 1875, not by the
California Fish Commission, but by United States Fish Commissioner
Spencer F. Baird, who expended a portion of the appropriation made
by the Government in the importation of European carp. They were
brought from the regions of the upper Rhine, the Danube, and the Po
rivers in Europe. In 1877 we, in exchange for California trout eggs,
received from the Department of Agriculture of Japan about eighty
specimens of Japanese carp, which were placed in the aquarium

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 41

at Woodward's Gardens in San Francisco, with a view of planting them,
when they had arrived at maturity, in certain waters of this State; hut
no specimens were ever taken, therefore the only carp we have are those
which were introduced from Europe by the United States Fish Commis"
sioner. They are a most prolific fish. The ovary of a female has been
known to contain half a million eggs. Like most introduced fishes, they
make unusual growth when transplanted, reaching a weight of two
pounds in one year.

It is charged that carp are destructive of other fishes. There is no
evidence to support the claim. Nature did not intend the carp for a
fighter when she gave it a sucker mouth. The carp is, like the sucker,
a scavenger of the waters, living on decayed vegetation and refuse that
other fish refuse. We have planted small black bass fry in bodies of
water that fairly swarmed with carp. In a few years the bass had the
upper hand. Being furnished with an abundant food supply, they
increased rapidly, while the carp showed a corresponding decrease,
only the larger ones seeming to survive. Wherever carp are found we
plant black bass, and at the present time the black bass have firmly
established themselves in all such waters.

While our people look upon carp with contempt, they are still propa-
gated in a number of the Eastern States, especially in Illinois and
Massachusetts In the wholesale markets of New York City this fish
commands a price varying from 2 to 9 cents per pound, and is handled
in large quantities. The same can be said of the Chicago markets. In
our State its greatest value lies in furnishing a never-failing food supply
for our black bass and striped bass. These facts are mentioned to show
that the carp has a value here as elsewhere and that its introduction
into our waters was not a mistake.

SHAD.

This fish is considered the most valuable river fish of the Eastern
seaboard. Our people are beginning to appreciate the quality of the
shad and apparently better understand how to prepare it for the table.
The objection, "It is so bony," so frequently heard, is becoming less
common. The supply continues in excess of the demand to such an
extent that market fishermen are limited in their catch by the prin-
cipal dealers. At certain seasons of the year the markets are flooded
with shad and they are sold at less than 5 cents each, regardless of
weight.

For the first shad taken in our waters, a bonus of $50 was paid,
which was on May 10, 1873. In 1874 sixteen full-grown shad were
taken at Vallejo. Since that time this fish has become so firmly estab-
lished that no legislation is necessary for its protection. The original

42

REPORT OF STATP: UOARD OF F'ISH COMMISSIONERS.

plant of this variety was secured for the California Fish Commission
by the eminent fish culturist, Livingston Stone, and were contributed
by the State of New York from the State hatching works on the Hud-

son River at Castleton, at that time in cliarge of Seth Green, who is
recognized as one of the pioneer fish culturists of this country. Tw^o
plants, aggregating 50,000 fry, were brought to California and distrib-
uted in the Sacramento River at Tehama, the first on June 27, 1871.

REPORT OF STATE HOAKl) OF FISH COMMISSIONERS. 4H

From these small plants the increase has been so great that shad are
now found not only in the Sacramento, but also in the San Joaquin.
American, Feather, and other rivers, as well as in all the large bays. At
certain seasons of the year shad affords an important food supply t(v
many of the farming population who live along the banks of these
streams.

CATFISH.

The catfish that were first introduced into this State came from the
Schuylkill River, Pennsylvania, and the Mississippi River at Omaha ^
in 1874, thus giving us two varieties. Both were planted in the San
Joaquin River near Lathrop. The demand for this fine-flavored fisji
continues to grow, and there is danger of the demand exceeding the
supply. Catfish find considerable sale in the San Francisco markets,
but the bulk of them is handled at Sacramento, where the shipments
reach two tons in a single day. From that point they are shipped south
to Arizona, north to Oregon, and east as far as Kansas. Occasionally
complaints are made that the catfish is destructive of other fishes.
With that contention we do not agree, the best evidence to the contrary
being the increased number of striped bass, black bass, and shad found
in the same waters with the catfish.

SPINY LOBSTERS OR CRAWFISH.

The crawfishing industry has not yet recovered from the exceedingly
long open season that existed on our statute books for so many years,
and the present restrictions are not sufficient to allow for any increase
in the numbers of this fish. We are therefore inclined to recommend a
close season on this fish for a period of two years. If the Legislature
considers this restriction too great, we would urge that the close season
be extended from August 15th to September 15th, or one month longer.

The principal crawfish camps are found on Anacapa and Santa Cruz
islands, in the Santa • Barbara channel, and on San Nicolas and
Clemente islands, off the coast of Los Angeles County. There are
approximately forty crawfish camps, each one of which handles from
thirty to forty traps. The more intelligent of the fishermen engaged in
this work are in favor of a close season for a period of two years. They
seem to believe that it is the only way in which the industry will have
a chance to be restored, and in our judgment this would be the proper
remedy.

STURGEON.

In our judgment the time has not arrived for any modification of the
law relating to the taking of sturgeon. In other words, we Avould
urgently request that the present close season be maintained. This fish
is beginning to show an increase in numbers, but, in our opinion.

44 KKPdKT OF STATE BOARD OF FISH COMMISSIONERS.

not sufficient to justify its capture for at least some years to come. The
passing of this fish is a striking example of what unrestricted capture
may mean to any of the food fishes in our waters. At one time sturgeon
were so plentiful that they had no market value, but by reason of
wasteful methods, they became one of the highest priced fish in the
markets, quite beyond the means of the masses. During the past two
years this Commission has made a number of arrests and secured convic-
tions for the possession of sturgeon roe as well as of the fish themselves.
There were no systematic efforts made to continue these violations,
but spasmodic attempts to take advantage of conditions and bring
a few fish into market under cover. The artificial propagation of this
fish, which has been carried on to a limited extent in this country, and
in Germany and Russia, has met with but moderate success, it being an
extremely difficult matter to catch such large fish and retain them until
they have reached the proper degree of ripeness at which they can be
spawned. The work of artificial propagation being attended with con-
siderable expense, and other desirable food fishes, such as shad, striped
bass, and black bass, having become so abundant, we believe that the
restoration of the sturgeon can be effected through the slower but inex-
pensive way of natural increase.

ABALONES.

During the last session of the Legislature a vigorous attempt was
made by interested parties to reduce the restrictions that were, in 1901,
placed upon the taking of abalones. Notwithstanding that there was
but one firm represented in this contest, and that its employes are
principally Chinese and Japanese, a great deal of influence was brought
to bear and many compromises were offered, but the representatives
from all the counties along whose shores these fish are found were firmly
united in favor of retaining the present law without amendment, and
refused to recede one iota from their position. Indiscriminate and un-
restricted fishing had almost exterminated these fish, and it is yet too
soon to permit any concessions. Generally speaking, the law has been
respected. Our deputies have made a total of seventeen arrests and
succeeded in getting convictions in nearly every case, showing that public
sentiment in the counties where these fish are found is against any
change in the present law.

BLACK BASS.

The work of collecting black bass and of distributing them to suitable
bodies of water throughout the State has been carried on faithfully and
intelligently. In the fall of 1902 we planted upward of 3,000 adult fish,
all of which, with few exceptions, were taken from the Daly pond, in
El Dorado County, seven miles from Folsom, and were captured with

REPORT OF STATE BOARl) OF FISH COMMISSIONERS.

45

hook and line, using a Wilson spoon as a lure. Out of this number of
fish taken by that method we lost but four, and these died at the end of
a long trip after the fish had been held in live cars or ship])ing cans for

three days and nights. In the fall of 1903 we did not collect as many
fish as we expected. Owing to the large run of salmon, and the enor-
mous take of salmon eggs, our force of experienced men was kept busily
engaged in that more important branch of the work for two months

46 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

later than usual. Our efforts at this late date to capture black bass
with hook and line were not successful, because, while we were able to
get many large fish, they would not bear transportation so well as fish
ranging in size from four to eight inches. The smaller fish had left the
shallow water and shoals to pass the winter in deeper water. We were
enabled, however, tofill a number of applications and stock some large
bodies of water; one in particular in Amador County, where they have
increased wonderfully. In fact, the good work done in previous years
has resulted in such great development that we believe we are justified
in asking the Legislature to grant at least six weeks additional open
season, making it lawful to take these fish beginning May 15th instead
of July 1st.

In all the sloughs, lagoons, and lakes in San Joaquin and Sacramento
counties these fish are found in great abundance. The high water dur-
ing the past winter left many of them landlocked. All such would
have perished when the water receded; but, through the intelligent and
untiring efforts of George Neale, Game Warden of Sacramento County,
who gave us valuable assistance, we have been able to collect, at very
little expense, a large number of them, which we caused to be trans-
ported to suitable waters in Tulare, Madera, Solano, San Joaquin,
Monterey, Santa Barbara, and San Luis Obispo counties. One large
plant of 300 adult fish has just been placed in Crane Valley Lake, in
Madera County, the headwaters of the San Joaquin River, without the
loss of a single fish. During this fall we expect to collect many more
from the waters around Sacramento, to fill applications now on file.

As a courtesy to the State of Nevada, and in recognition of their
kindness in granting us permission to take Rainbow spawn in the
Truckee River in that State, we made a large shipment of these fish
into Nevada, some of which were planted in the reservoir furnishing the
water supply for the State University. A plant was also made in
Wheeler's Lake, a large body of water in Washoe County that contains
many carp; it is eminently adapted to bass, but would not support
trout life. Still another plant was made in the lower reaches of the
Humboldt River, where carp and catfish are found in large numbers,
but being far below the range of trout. We confidently believe that in
two years the people of the State of Nevada will find that they have an
additional food supply in the shape of a fish that can not be excelled for
table or gamy qualities.

We have declined many applications for black bass, and have fur-
nished the reasons to the applicants why it was inadvisable to plant
black bass in trout waters. The experience of the United States Fish
Commission fully bears out our judgment in this matter. Trout and
black bass are two of the highest grade of sporting fishes. Each is jeal-
ous of the other, and therefore antagonistic. Placed in the same body of

REPORT OF STATE BOARD OF FISH COMMISSIOiNERS. 47

water, they prey upon each other continually, with the result that neither
increases in the same ratio that would be the case if separate waters were
given to each variety. There are many large bodies of water in the
lower elevations where the temperature of the water rises above what
trout can endure, but where black bass find a most congenial habitat,
so we believe that there is no occasion for putting these two kinds of
fish in the same waters. On the other hand, the large-mouth black
bass, which is the variety we are handling chiefly, shows no perceptible
increase in the colder waters of the higher elevations. It is noteworthy
that black bass flourish and retain all their good qualities as an edible
fish in the same waters where carp exist, the difference in quality being
due to the fact that the food of the carp is largely of a vegetable char-
acter, whereas black bass live upon the young of inferior fisbes, such as
carp, minnows, suckers, etc.

In this State many artificial lakes and reservoirs are being created
each year for purposes of irrigation or power. It is our policy to make
these storage places of still greater value by planting black bass in
them, thereby bringing an additional food supply within reach of many
of our people who can not afford the time or have not the means to go
to the mountains for trout, and the taking of which will afford them a
great deal of sport. Some years ago two plants of black bass were made
in Clear Lake, Lake County, but they were lost sight of until in the
past two years, when they began to show a marked increase. Large
schools are frequently seen in different portions of the lake, and where
the carp had the upper hand the black bass are now in the ascendancy.
We find the same result has followed the planting of black bass in other
waters that were infested with carp — the black bass increase and the
carp diminish, only the adult carp being found. As it is the young
carp that furnish a food supply for the bass, therefore we contend that
while the carp does not rank high as a food fish and is largely con-
demned, it plays a very important part in the economy of nature by
furnishing a means of subsistence for a bettor fish.

THE GRAYLING.

Through the courtesy of Hon. George M. Bowers, United States Com-
missioner of Fisheries, we were able to secure from Bozeman, Montana,
a shipment of grayling eggs, which were hatched at the Sisson hatchery,
and some 7,000 fry resulting therefrom are now in the rearing ponds.
This marks the first effort of the California Fish Commission to intro-
duce this beautiful fish into our waters. According to Dr. David Starr
Jordan, there is but one genus, Thymallus. The grayling is found
throughout northern Europe as far south as the mountains of Hungary,
where it has been called "the flower of fashes." The name Thymallus

48 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

was given by the ancients, because the fish, when fresh, was said to
have the odor of water-thyme. The chief distinctive peculiarity is the
great development of the dorsal fin, which has more rays than are found
in any of the Salmonidse, and the fin is also higher, besides which it is
specially marked with purplish or greenish bands and bright, rose-
colored spots, while the body is purplish gray, with spots of black. Most
of the species rarely exceed a foot in length, although graylings weighing
five pounds have been taken in England. The American grayling
{Thymallus signifer) is widely distributed in British America and
Alaska. A similar form, called Thymallus montanus, occurs in the
Gallatin, Madison, and other rivers of Montana, tributary to the
Missouri. It is locally still abundant and one of the finest game fishes.
In all countries the grayling frequents clear, cold brooks and rarely if
ever enters the sea or even the larger lakes. It congregates in small
shoals in the streams and prefers those which have a succession of pools
and shallows, with a sandy or gravelly rather than a rocky bottom. It
is non-migratory in its habits, depositing its ova in the neighborhood of
its usual haunts. The ova are far more delicate and more easily killed
than those of the trout or charr. The grayling and trout inhabit the
same waters, but not altogether in harmony. As a food fish the grayling
ranks high, and is beloved by sportsmen. It is considered a gamy fish,
although less strong than the brook-trout and perhaps less wary. It is
believed that suitable waters for the introduction of this fish can be
found in the vicinity of Mount Shasta, perhaps in the upper reaches of
the McCloud River.

LANDLOCKED SALMON.

{Salmo sebago.)

We are pleased to report that through the courtesy of the United
States Fish Commission, another shipment of landlocked salmon eggs
was sent to us from Greenlake, Maine. In 1895 a shipment of these
eggs was received, but they reached here in poor condition, and the fry
resulting therefrom were weaklings. However, they were planted in a
lake near Cisco, in the Sierra Nevada Mountains, and a few hundred in
a small lake in the Tahoe region. A few specimens have since been
taken. While our first experience was not considered a pronounced
success, it was sufficient to establish the fact that this fish will adapt
itself to the cold waters of lakes in high altitudes, of which there are
many hundreds throughout the Sierra Nevada Mountains. In its native
waters it grows to immense size. In 1901, a specimen was taken in
Sebago Lake that weighed twenty-three pounds, but the average weight
is about ten pounds.

We received 10,000 eggs, which reached us in splendid condition, and
about 9,600 strong, healthy fry resulted from the hatch. An additional

REPORT OF STATK JJOAKI) OF Fi.SII COMMISSIONKKS. 49

sui)ply was added to the lakes that were stocked in 1895, but we reserved
3,000 at our Sisson hatchery for tlie purpose of studying their develop-
ment and for use as breeders.

SLAG.

We are pleased to report a total absence of slag in the Sacramento
Hiver. The Mountain Copper Company at Keswick has' not only faith-
fully carried out its agreement with us in regard to making extensive
changes and improvements in its methods of handling slag, which
involved an outlay of approximately $30,000, l)ut it has since main-
tained its i)lant in such shape that slag does not reach tlie river. As a
result, catfish, striped bass, and shad are found in considerable numbers
above Redding and pass the point at which the slag formerly entered
the river. Due credit for this improved condition has been given to the
State Board of Fish Commissioners by the newspapers published in the
upper Sacramento Valley, as well as by the people living along the banks
of the river, who have been enabled to add something to their food
supply and much to their sport by the increased runs of fish.

FISH-LADDERS.

Since our last report was made, a great many complaints have been
investigated regarding defective and inefhcient fish-ladders, and many
new ladders and fishways have been constructed. There are still in
existence a number of old fish-ladders constructed in accordance with
plans that were furnished many years ago. Experience has taught us
much in regard to the manner of construction and the proper location
of tishways. Wherever it has been possible we have cut a " run round ''
in the solid rock or earth around one end of the dam. We have learned
that fishways which approach natural conditions as nearly as possible
are more readily used by the fish than anything of timber construction.
They have also the advantage of being permanent. Those constructed
of timber, unless they are carefully watched and a proper supply of
water is maintained, deteriorate rapidly and become so weakened that
an unusual rise of water is apt to carry them away and leave a dam
impassable for another season.

Among the more important fishways that have been constructed in
the past two years are two on the Merced River (one in Merced County
and the other in Mariposa County), and three on the Stanislaus River
(the first at Knight's Ferry, the second at Six-Mile Bar, and the third
at Melones, Calaveras County). Certain improvements are now under
way to make the one at Melones more efficient. In Sonoma County, on
Big Sulphur Creek, and in Alpine County, on the Carson River, fish-
ways have also been constructed.
4 — FC

50

REPORT OF STATE BOARD OF FISH COMMISSIONERS.

But the most important, considered from an engineering standpoint,
is the fishway constructed through solid rock over a dam in the Amer-
ican River at Folsom. The problem there presented was unusual. The
obstruction to be overcome was approximately 60 feet in height. The
expense of this work was borne jointly by the Sacramento Gas and
Electric Railway Company and the State Prison at Folsom, the })rison
authorities furnishing the labor, and the Electric Company furnishing
tools, cement, powder, and the services of an experienced engineer to
direct the work. Through the courtesy of the honorable Board of State
Prison Directors, 1,200 days of convict labor were granted, this being

FlSHWAY AT FOLSOM DAM, AMERICAX RIVER.

Shown at a hiah stage of water. Fishway, 310 feet long, forming two sides of a triangle, apex
down stream. Pools, 8 by 10 feet, and 3 feet deep,

the contribution of the State to this important piece of work. The
State being one of the beneficiaries of this dam, receiving the first '' drop"'
of the water diverted for power to operate certain machinery connected
with the State's penal institution, we felt justified in asking of the
Prison Directors that they furnish the necessary labor. Our request
was cheerfully granted. Shad being the principal fish that frequent
the American River at this point, an unusual fishway had to be con-
structed to enable them to ascend such a high obstruction. To have
enabled salmon to pass would have presented a simpler problem. The
work has been satisfactorily completed according to our plans, but we

RKPORT OF STATF: BOARD OK FTPH COMMIPSIOXRRS.

51

believe there still remains a small amount of work to he done at the
upper end or outlet, which, when completed, will leave a permanent
lishway and one as efficient and nearly perfect as could be constructed
around an obstruction of such height.

In our Seventeenth Biennial Re})ort, wo referred to the Pit River
fishery, for wdiich the Legislature of 1901 had appropriated the sum of
$3,000. This appropriation not being available until January 1, 1902,
we were unable to take any steps, beyond a })reliminary survey, until
August of 1902, the water then being at its lowest stage, at wlii( h time

PARTIAL VIEW OF PIT RIVER FALLS. SHOWIX(i FISH WAY.

Height of falls, 42 feet; length of fishway, 320 feet; average width, lit feet; liighest leap for
salmon, 34 inches. Approximately 2,000 inches of water was flowing through fishway when
picture was talcen.

the work could be most economically done. We have since carried out
faithfvilly the terms of that Act. The surveys were made by W. H.
Shebley, Superintendent of the Sisson hatchery. Bids were called for
and four or five were submitted. The lowest bidders were Messrs.
Keener and Brown, of Carbon, Shasta County, to whom the contract
was awarded. This work was completed and accepted on November
1, 1902, on which day Chief Deputy Vogelsang and Superintendent
Shebley turned the water of Pit River through the newly constructed
passageway for salmon. That the work was well done is evidenced by
the fact that within two weeks after the water was diverted into the

52 Rf:POKT OF STATE BOARD OF FISH COMIMISSIONERS.

tishway, large numbers of salmon were found in Fall Kiver, at a point
many miles above the falls, which was the first time they were seen in
any numbers in those waters. This can be substantiated by William
Dean Brown, of Dana, who was the second lowest bidder. From
his letter to us we make the following extract: " You have made a suc-
cess of the fishway on Pit River, as I see many salmon in the river.
My farm is at the head of Fall River, just below the Big Spring."
This fishway was built in the form of a horseshoe. It is cut through
solid rock, is 310 feet long, and has an average width of 10 feet. Under
normal conditions, it carries about 2,000 inches of water. We point
with considerable pride to the fact that after meeting every cent of
expense involved in its construction — printing, advertising, traveling
expenses for Mr. Shebley and Mr. Vogelsang, and the contract itself —
we presented a bill in November, 1902, for $2,058.50, leaving a balance
of $941.50, or practically one third of the appropriation, to revert to the
general fund of the State.

THE LAUNCH "QUINNAT."

This important and indispensable auxiliary to our bay and river
patrol continues to keep up its good record. Without it many of the
violators of the fish law would escape detection, as man}' of the viola-
tions occur at night; but our boat, with its noiseless exhaust, has crept
up to them and never returned empty-handed. Sometimes the fisher-
men themselves escape in the darkness, but their fishing gear has fallen
into the hands of our deputies. Unless claimed and a fine paid for the
violation, the property is condemned under the provisions of Section
636a of the Penal Code. In the spring and fall trips for the collection
of licenses, the boat covers all the bays, the Sacramento River to a point
as far north as Feather River, and the San -Joaquin River to the vicinity
of Stockton, and has never yet met with an accident nor been laid up
for repairs, except the ordinary ones incident to almost continuous
service. After seven years' service we have replaced the reversing gear.
The twenty-horsepower engine maintains its record for economy in the
use of gasoline. The boat is practically as good to-day as when built,
which is due largely to the careful and intelligent interest taken by
.John H. Davis, who has acted as license collector for the past ten years.
The vacancy on the boat crew, caused by the resignation of Hugh
Walters, was filled by the appointment of A. Soto, who, with Mr. Davis,
keeps the boat at all times in perfect condition. When out of commis-
sion these deputies are detailed to other duties.

y.

y.

a;

54 REPORT OF STATE ROARD OF FISH (COMMISSIONERS.

VERDI STATION.

In November of 1902, we began the construction of a new hatchery
on Laughton Creek, Sierra County, on lands owned by (ieorge H. and
\\'. ('. Foulks, of Verdi, Nev., who granted us a free lease for a term of
three years. From John \\'. Hill, wlio controlled tlie water rights of
Tiaughton Creek, we received an exclusive privilege, on condition that
after passing through our hatchery the water he returned to the main
cliannel. The material for the building was purchased from the Verdi
Lumber Company, who made quite a concession on the price of the
building material. The construction work was in charge of F. J.
Watson, an experienced man from our Sisson hatchery. The general
plan was furnished by W. H. Shel)ley. The building has a capacity of
1,250,000 eggs, and we have also an ample supply of the purest water
for that number of eggs. The hatchery was finished and ready to
receive eggs on December 12, 1902. The first to be placed in the build-
ing Avere 100,000 Eastern brook-trout eggs received from Leadville,
Colo., in February, 1903, which were quickly followed by a large take
of Rainbow trout eggs, one third of which were collected at the Essex
dam near Verdi, and two thirds at the electric light dam on the Truckee
River, two miles above Reno, Nev. Our total collection of Rainbow
trout eggs was about 1,200,000 — nearly double the number ever before
taken in a single season on the Truckee River. This would have been
largely increased but for an unexpected freshet, which occurred on
March 27, 1903, and overflowed the dams, bringing down logs and other
debris, which carried away our traps and other apparatus for capturing
and holding the fish. We had on hand at that time a large number of
unripe females, which we were obliged to liberate, as the river remained
at such a high stage that the male fish were enabled to pass the dams.
The operations of spawn-taking were in charge of E. W. Hunt, who had
been transferred from Sisson for that purpose. He was assisted by
J. P. Morrill of Verdi (an experienced man) and Samuel O'Haver of
Reno. Of the total number of eggs collected, fifteen per cent were
hatched and delivered to the authorities of Washoe County, Nevada, in
consideration of the privilege of operating in that State. About forty-
five per cent were hatched and liberated in the Tahoe basin and
Truckee region. The remainder were divided between the Sisson
hatchery in Siskiyou County and the Wawona hatchery in Yosemite
National Park. This splendid take of eggs full}' justified the moderate
expense of constructing a new station.

The take in the spring of 1904 was most discouraging, although the
prospects were flattering. There were large numbers of good-sized fish
to be seen, but the heavy and continuous storms kept the Truckee River
at a flood stage for several months. The gates at the outlet of Lake

REPORT OF STATE HOARD OF FISH t'O.MMISSIONERS.

55

Tahoe, which had been closed during the summer of 1903, had stored
the water to a higher level than usual. This was (juickly raised by the
heavy rain and melting snow until it became necessarv, in order to save

I

o

o
m

the property around Lake Tahoe, to open the floodgates to their full
extent. Even with this large outlet, the high-water mark of the famous
flood year, 1862, was passed. This continuous flow of such large volume

56 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

carried away dams and swept a great deal of heavy debris down the
river, which took out our racks and traps and rendered it impossible to
replace them. Our total take of Rainbow trout eggs was about 75,000,
35,000 of whicli, after being eyed, were shipped to the United States
Fisheries station at Leadville. Colo., in partial exchange for courtesies
that had been extended to us. These eggs were eyed at the small
station owned and controlled by J. P. Morrill of Verdi, who was one of
the assistants engaged in this work. About 30,000 fry were hatched at
this same point and liberated in the waters of the State of Nevada.
The work was again in charge of E. W. Hunt, assisted by Mr. Morrill
and Harry \\'arr. The failure to make a good collection was due solely
to the unusual conditions. Our men were conscientious and faithful
in their work and Avere disappointed at the season's operations.

We still have another season in which to operate at this station.
We have no doubt, noAv that such an amicable understanding exists
between the authorities of Nevada and this State, that an extension of
time could be secured if circumstances should warrant it. We hope,
however, that our stock of breeders at Sisson will, by the end of another
year, furnisli an ample supply of young fish for the needs of our State.
It is the opinion of many fish culturists that new blood should be intro-
duced among the pond fish at intervals. For that purpose we can
easily secure, at any season, 100,000 eggs or more on the Klamath
River or one of its tributaries, the Little Shasta at Montague or Shovel
Creek at Beswick — points easily accessible from Sisson.

TAHOE AND TALLAC HATCHERIES.

These two stations continue to furnish an unfailing supply of Cut-
throat trout eggs. The mouth of Taylor Creek near Tallac continues to
be our principal spawn-taking station. From eggs collected at that
point we have filled both the Tahoe and Tallac hatcheries and have
sent the usual quota, about 200,000 each year, to the Wawona station.
The number taken beyond the capacity of these stations was divided
between the Sisson, Wawona, and Ukiah hatcheries (the latter being
operated by the California Northwestern Railway Company), and from
the latter have Ijeen taken steelhead fry in exchange, some of which
were placed in ponds at Sisson, where their development is being care-
fully noted. A shipment of 50,000 steelhead fry was sent to the Tahoe
region and divided between Fallen Leaf Lake and Granite Lake. For
a number of years A. V. La Motte has planted steelhead fry in Clear
Lake, Lake County, from the Ukiah hatchery. It was frequently
claimed that as they were never heard of, it was a waste of time and
money to continue planting them in that lake; besides, the lake had
a better fish in the landlocked salmon, which was attaining a weight of

REPORT OF STATE HOARD OF FISTT rO>rMISSIO\ERS. 57

from live to nine pounds and was distinguished for its fighting qualities.
Specimens of these "landlocked" salmon were sent to Dr. Da\dd Starr
Jordan, of Stanford University, who immediately pronounced them
steelhead, which confirms the good judgment of Mr. La Motte and
establishes the fact that it is not necessary for the steelhead to go to
salt water. Judging from the success that has followed our experiments
with steelhead fry*at Sisson and from the fact that these fish are now
being caught in the Great Lakes, we liave every reason to anticipate
splendid results from the plants made in the Tahoe region and shall
be glad to continue our efforts in that direction.

We have been able to materially improve the hatchery buildings and
grounds at the^Tahoe station. We have enclosed the grounds with a
substantial and attractive picket fence; a new foundation has been
placed under the hatchery; the old "shake" roof has been replaced with
a good shingled roof; the interior of the building has been ceiled through-
out and neatly painted, and sleeping quarters for the men were con-
structed in the loft of the building. The usual repairs were made at
the Tallac station, although the extreme high water of the past season
has damaged the foundation of the superintendent's cottage at the
mouth of Taylor Creek. AMth this work overhauled, which will be done
as soon as the water permits, both .our stations on Lake Tahoe will be
in the best possible condition.

The general supervision of the egg-collecting, hatching, rearing, and
distribution of the fry has been under the direction of E. W. Hunt, an
experienced fish culturist. He was assisted at the Tallac station in 1903
by W. B. Hunt and in 1904 by F. F. Anderson.

We are glad to report the strict observance of the ordinances of El
Dorado and Placer counties which prohibit the taking of fish in the
Tahoe region until June 1st. This close season gives thousands of
spawn-bearing fish an opportunity to deposit their eggs and permits us
to secure all that we need. Lake Tahoe is just beginning to recover
from the continuous drain to which it was subjected for many years in
the taking of spawn-bearing fish, beginning on the 1st of April of
each year. In that high altitude and low temperature the fish do not
mature before the 1st of May and spawning continues up to the 15th of
June. It has been frequently charged by market fishermen and others
that the scarcity of fish was due to our operations; that we destroyed
many fish; that artificial propagation was not a success, and that the
county ordinances should be repealed. That artificial propagation is a
failure is a statement so wild that it is not considered worthy of argu-
ment. Our total take of spawn fish does not exceed 4,000. If ten
per cent died through the operations of artificial spawning, which is a
liberal allowance, there would still be 3,500 fish returned to the water
in as good condition as they ever Avere, for food or for sport. If the

58 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

entire 4,000 were destroyed by our operations, it would be but a small
fraction of the millions of Cutthroat trout that inhabit Lake Tahoe.

The following figures are furnished us by Professor Juday, of the State
University, who had l)een sent by the Federal Government to study
certain problems regarding the supply of food fish in the Tahoe region.
The figures were taken from the books of Wells, Fargo & Co. at Tallac
and Tahoe City, and represent the actual number of fish shipped out in
IHOo, aggregating 12,261 i3ounds,or upward of six tons of trout shipped
during the months of June, July, August, and September. This does
not take into account the enormous quantity consumed at the different
resorts and by the thousands of campers who visit the Tahoe region
each summer. The amount shipped in .June, 1904 (one month), exceeds
7,000 pounds, or three and a half tons of trout, which indicates a decided
gain over previous years. We consider the foregoing statement a suffi-
cient answer to any criticisms of the value of our work in the Tahoe
region.

We are indebted to Messrs. Comstock and Lawrence of Tallac and
D. L. Bliss & Sons of Tahoe, also to Mrs. George W. Pierce of Glen
Alpine Sjirings, for substantial assistance. We have had free trans-
portation for our employes and the free use of teams and pack animals
for distributing the young fish.

We are pleased to commend again the tireless efforts of Prof. W. ^^^
Price of Alta. His work has been so skillfully and intelligently done
and his achievements so marked, that we feel that the value of his work
should l)e known to all our people. Each season he has made the
Tahoe region the vacation grounds for the young men and boys of his
school, and they have contributed their services and time to stocking
l)arren lakes, carrying fish on pack animals or by hand to waters other-
wise inaccessible. In that region there are upward of forty lakes, rang-
ing in area from a few acres up to two hundred. Professor Price has
stocked eighteen lakes this season, seven of them for the first time this
year.

Through the joint efforts of Mrs. Pierce and Professor Price, a small
hatchery has been completed at Glen Alpine, with a capacity of 1,000,000
eggs. It will be in operation for the first time next season, and we have
no doubt the results will justify the time and expense that have been
given and will result in making that region one of tlie best fishing
grounds in the State.

For the past two seasons w^e have, for the first time, been able to
maintain a patrol throughout the summer months on each side of Lake
Tahoe and the streams tributary thereto, and have largely checked the
depredations of the Nevada Indians. James Stout was the mounted
patrol on the Tallac side during 1903. Harry Warr succeeded him in
1904. William Boyle has patroled the country from Tahoe City nortli

KEPOKT OF STATE HOARD OK I'ISIf COMMISSIO.NKRS.

59

and south, and the Truckec Kivor to the town of Truckee, for the two
seasons. Tliese deputies have heen conscientious and faithfvd in the
discharge of their duties. Mr. W'nrr. in nddition t<» taking care of the

/"ir"^^^

H

southern end of the kike, lias covered a hirge portion of El Dorado.
Alpine, and Amador counties. We believe less violations of the game
laws have occurred this year than ever before.

In addition to the Cutthroat trout frv liberated in the Tahoe region,

GO

REPORT OF STATE BdAlil) OF FISH COI\i:VIISSIONERS.

\vr have sliippcd upward of 20(),()00 Easteni brook-trout fry and placed
them in various streams and small lakes in that vicinity. The wonderful
results that have attended these fish have already been alluded to.

The complete distribution of eggs and fish from the Tallac and Tahoe
stations during 1903 and 1!>04 is summarized in the following table:

Stat ion niul Voar.

Ea.stern
Brook.

Cutthroat.

Rainbow.

Fry.

Fry.

Eggs.

Fry.

1903

'I'll hoc Station.

10,000
50,IK)0

900,000
810,000

85,000

1904 .

Titlhir Stiitidit.

Totals

60,000

1,710,000

85,000

1903 -.

35,000

125.ik;io

900,700 3,350,000
708 000 : ''.4.50.000

23,250

1904

Totals

160,000

1,608,700

5,800,000

23,2.50

EEL RIVER STATION, AND STEELHEAD PROPAGATION.

During the Legislature of 1901, the sum of $2,000 was appropriated
to be expended in the work of steelhead propagation in Humboldt
County. This money became available after January 1, 1902. In the
spring of 1902 we liberated a fraction over 300,000 steelhead fry. We
had hoped to increase the number in 1903 by establishing a new egg-
collecting station on Howe Creek, to be operated in conjunction with
the one on Price Creek. Untimely freshets, coming at the time our
traps were in operation, twice carried away our racks on Howe Creek;
the last time the water continued at such a stage that it was impossible
to replace the traps, and our total take of eggs was therefore about one
half that of the preceding year. We liberated about 120,000 young
steelhead in Price Creek and Eel River. On March 20, 1904, we again
attempted to collect steelhead eggs. Tn addition to the traps operated
on HoAve and Price creeks, we engaged the services of a crew of fisher-
men to operate a seine in Eel River. Our work was again interfered
with by the high waters, and it was disappointing in the extreme to
see schools of these fish passing up the river and creek at a time when
we were utterly unable, owing to the volume and velocity of the water ^
to capture them and bring our take of steelhead eggs up to what we had
expected. AVhile we took quite a number of fish, they were late spawn-
ers; in fact, so green that they could not he retained with safety in
live cars, so we were obliged to liberate them. We secured only 104,000
eggs, from which about 90,000 strong, healthy fry were liberated.
These small plants have, however, materially improved the steelhead

o

c

w
ffl

w
w

H

<i'2 REPORT OF STATK I50AHI) OF FISH COMMISSIONERS.

fishing in Eel River. At a normal stage of water, we could easily
capture enough fish to take 2,000,000 eggs.

Of the original appropriation of $2,000 there remains an unexpended
balance of $625, which is sufficient to conduct our operations for another
season. We consider the financial showing noteworthy, as we have been
cxj^ending the modest sum of $625 per annum to carry on this work, which
is extremely small wdien taking into consideration the unlooked-for ex-
pense caused by high Avater, which necessitated the replacing of traps,
racks, and dams, besides paying for the services of the force engaged in
operating the seine. The economical handling of this work and the
results obtained under the })eculiar disadvantages reflect credit upon
the superintendent of the station, W. 0. Fassett.

In December, 1902, two shipments of salmon eggs, aggregating
2,190,000, were received from Battle Creek station in Shasta County and
from ^lill Creek station in Tehama County. These shipments produced
about 2,000,000 salmon fry that were successfully liberated in Price
Creek and Eel River.

Beginning November 28, 1903, shipments of salmon eggs aggregating
5,520,000, coming from Battle Creek and Mill Creek stations, were
received at the Price Creek hatchery, from which we were able to liberate
5,257,000 swimming salmon fry, which we consider a creditable showing.

We are pleased to say that our work is receiving the unanimous
indorsement and support of the press and people of Humboldt County.
Consequently violations of the fish laws are comparatively rare. In-
creased runs of both steelhead and salmon have brought forth most
favorable comment and recognition of our work. The work of patroling
the principal fish streams and other waters of Humboldt County has
been faithfully carried out during the last two years by W. P. Huestis,
who combines the work of patroling with that of collecting fishermen's
licenses. Mr. Huestis has also rendered excellent service in apprehend-
ing violators of the game laws, in which work he has been assisted by
J. E. Morton, game warden of Humboldt County. As opportunity
offered, we have sent other deputies of this Board through portions of
Humboldt County and into Trinity, but the bulk of the work has fallen
upon Mr. Huestis and has been creditably performed.

The following table gives a summary of distribution of fish from
Price Creek station, for the years 1902, 1903, and 1904:

Year.

Salmon.

Steelhead.

1902 --

2,069,500
5,257,947

1903

120,(KMI

1904 „ _. _. .

9(t,(KMI

Totals

7,327,447

211,000

J

REPORT OK STATK HOARD OF FISH COMMISSIONERS.

mi

WAWONA HATCHERY.

The hatchery located in the Yosemite National I'ark at Wawona has
been operated during the past two years in the spring and early suniimT
months, under the management of M. L. Cross, one of our most reliable
and conscientious employes. The eggs hatched at this station were of the
Rainbow and Cutthroat trout varieties. The Rainbow eggs were slii})j)e(l
from the Sisson hatchery and the Cutthroat eggs from Lake Talioe.
While good results have always followed our work in tiiat region, the
past two years seem to have been better than any others and a great
many tine, healthy fry have been planted in the lakes and streams of
the Yosemite region. In 1903 a shipment of 20,000 Eastern brook-trout
fry (Salmo fontinalis) was sent into tlu^ Yosemite region in charge of
M. L. Cross, who placed them in suitable waters near Wawona. In
1904 another shipment of 50,000 of these beautiful and gamy fish was
sent to Wawona in charge of John H. Davis. About two thirds of the
shipment were placed in the upper reaches of the Merced River in the
vicinity of the Sentinel Hotel. The remainder were placed in suitalile
lakes in the vicinity of Wawona. This is the first large plant ever
made in the Merced River in Yosemite Valley propei-. We look forward
with confidence to great results from tliese fish in tliose waters.

The following table is a summary of the distribution from the Wawona
hatchery in 1903 and 1904:

Year.

Eastern
Brook Fry.

Rainbow Cutthroat
Fry. Fry.

hm .

20,000
50,000

175,000

200.000
190,(KK)

li)04

Totals .. _. . __.

70,000

175,000

890,000

To the owners of this hatchery, Messrs. Washburn Brothers, we are
indebted for substantial assistance in furnishing free transportation for
our employes and deputies, both in and out of the valley, and for the
free use of teams and horses for distributing the fry throughout that
entire region. They have also furnished free transportation and ice
for the hauling in of the Eastern brook-trout from Raymond to
Wawona, a distance of 65 miles. As our work is carried on during
the busy summer months, when practically all conveyances, animals,
and men under their direction are in active service, the value of their
assistance can not be overestimated. The work of distribution has been
greatly facilitated by officers of the Regular Army, who have been
detailed with troops of cavalry to maintain a patrol throughout the
park. They have given us the free use of pack animals and men to
carry fish over mountain trails to points otherwise inaccessible, besides
the use of teams.

64 REPORT OF STATE ROAR I" OF FT>TI COMMISSIONERS.

To Lieut.-Col. Joseph Garrard, U. S. A., and the men of his command
we are under obligations for valuable services rendered in the summer
of 1903, and to Maj. John P. Bigelow Jr., U. S. A., for similar services
in 1904. In addition to assisting us in the distribution of the fry, they
have assisted materially in the enforcement of the game laws of the
State.

During the past two years, the mountain streams of ^iadera County
have been stocked from this hatchery. During the summer of 1903
this work was done under the direction of the county game warden,
8. F. Oyler. In the summer of 1904 the work was in charge of Kenneth
L. Hughes, specially appointed by the Board of Supervisors of Madera
County. Mr. Hughes also made a most successful plant of lilack bass
in Crane Valley Lake.

SONG AND INSECTIVOROUS BIRDS.

We would most urgently recommend the passage of a bill at the
coming session of the Legislature to protect all song and insectivorous
birds. While no doubt there will be more or less opposition to such a
measure, owing to a misunderstanding of the value of birds to the horti-
culturist, we believe that California, a State in which the horticultural
interests are so large and so varied, should take a step forward and
protect all song and insectivorous birds, none of which do material
damage, when compared to the actual good they do. It has been truly
said that they are the best friends of the farmer. Tliey destroy myriads
of injurious insects, such as caterpillars, bugs, tlies, moths, and their
larvae. Statistics gathered by the United States authorities at Wash-
ington from this and other States of the Union show conclusively the
wisdom of giving them protection. For example, 238 stomachs of
meadowlarks taken throughout the year contained 73 per cent of
insects and only 14 per cent of grain. It is further shown that the
useful birds comprise 95 per cent of the feathered denizens of field and
woodland.

But the number of birds destroyed by farmers, who erroneously
believe that such birds are working an injury to them, is small com-
pared to the thousands that are slaughtered by the foreign element in
our State, to Avhom everything is game that has feathers. In addition
to their great value as insect-destroyers, they are a most attractive
feature in every field and woodland. Unless some action is taken for
the protection and preservation of our songsters and other useful birds,
this State will soon be rendered as unattractive, bv reason of their
absence, as certain parts of Europe, where bird life has been practically
exterminated.

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 65

PERMITS FOR LIVE GAME.

Two years more of experience with tlie law in regard to the trapping,
shipping, and possession of live game, show that the action of the
Legislature in vesting this authority absolutely in the Board of Fish
Commissioners was a wise move, as it has brought all sections of the
State more closely in touch with our offtce, in other words, with head-
quarters, and we have been able to keep a close record of permits. The
law is being understood and respected. Many requests are declined.
We restrict the issuance of permits to trap to the open season when
game may be lawfully killed, the exceptions to this rule being when
some large institution, which is open and free to the public, desires
specimens for scientific purposes. So long as the general public is
granted only a limited number of birds, which is seldom more than a
half dozen, and is permitted to take them only during the open season
and the permit granted when Ave are satisfied that the birds will be
properly cared for, we feel that more good than harm can come from it.
As people become more familiar with the various forms of bird life, they
become less desirous of destroying or killing them, and it results often
in an increase of birds. As in many places throughout the State the
increase from these captive birds has been liberated, and as shooting is
not allowed on the premises, the birds soon feel safe and make it a per-
manent home, where they have an opportunity to further increase and
spread into other sections.

Some criticism has been heard because permits are issued by this
Board to transport live birds from this State. We beg to say that the
number is exceedingly small. There are not more than three hundred
quail per annum, coming from all parts of the State, that are trans-
ported outside of it. The requests come mainly from States that desire
to try the experiment of introducing California quail.

As no birds are trapped or transported without permission from this
office, and an absolute record is kept of each individual who secures a
permit to trap, ship, or possess, we feel there is no just ground for com-
plaint, or any necessity for a change in the present law. All live game
that is to be transported from any point inside of this State must be
offered to the Wells-Fargo Express Company. This corporation has
issued strict orders to all of its agents, and these orders are carefully
observed. Live game has been offered at stations unaccompanied by
permits, but it is invariably refused transportation until communica-
tion is had with the office.

On the suggestion of the Federal department having charge of game
preservation at Washington, D. C, we have followed a liberal interpre-
tation of the present law, as that department believed it would be of

5 — FC

66 REPORT OF STATI-: BOARD OF FTSTT COIMMTSSIOXERS.

nuitual advantage to the different sections of the country to make lib-
eral exchanges. We therefore recommend that tliis law should not be
changed.

IMPORTATION OF GAME BIRDS.

Our means have at no time permitted us to take up seriously the
introduction of any new species. The Mongolian pheasants that were
introduced a number of years ago show a slight increase in certain
favored sections of the State, particularly in Santa Clara County, due, in
our opinion, to the splendid sentiment that exists among the people of
that county to protect and preserve their game, and to enforce the laws.
Favorable reports come from Fresno, Humboldt, Santa Cruz, and Kern
counties. A number of our citizens have become interested in the sub-
ject and are raising birds in captivity, liberating the surplus and dis-
tributing others among their neighl)ors. A great many permits have
l)een issued in the past two years for the transportation of these birds
in pairs or trios to different sections of the State, to be used as
breeders.

Efforts were again made to secure pheasants direct from China, but
we learned that the steamers plying between the principal Asiatic ports
and those of Europe have made the pheasant an important item on
their bills of fare, which has largely increased the demand, with the
result that they are not found in any numbers except at points
remote from the seaboard. This has increased their cost to such an
extent that they are quite beyond our means.

W^e believe that the bobwhite quail of the East, if properly placed,
would adapt themselves to the conditions of this State. This work has
never been undertaken by the State Board, but small shipments were
secured by private individuals, though not in sufficient numbers, in our
opinion, to make a fair test. We have been in correspondence for some
time with the principal breeders in the East, and have been offering an
even exchange for valley quail. Charles Payne, of Wichita, Kan., who
is most successful in handling these birds, and who has perhaps shipped
a larger number than any one else in the United States, quotes us his
price at $10 per dozen. We are expecting this fall to secure a number
of them in exchange for such valley quail as he may require, paying
the difference in cash out of our funds. It is our intention to place
these birds in considerable numbers in one or two selected localities,
where they would have absolute protection, and from which the ground
vermin have been driven or exterminated.

During the summer of 1903, we secured permission, through Dr. T. S.
Palmer. Assistant in Charge of Game Preservation, Biological Survey at
Washington, D. C, to have transported from Alaska, to this State, fifty
pairs of ptarmigan, believing that they would find a suitable habitat

REPOKT OF STATE BOARD OF FISH COMMISSIONERS. 67

around Mount Shasta and in the Tahoe region. It was represented to
us that the birds could be secured without difficulty in the vicinity of
Nome. We contracted for fifty pairs at $10 per pair, but not a bird was
received. We renewed our efforts in the summer of 1904. We have
again secured the necessary permits to trap the birds and have them
shipped, at the same figure, and it is hoped that at least a portion of
them will arrive.

Early in this year, a deputy of this Board, H. T. Payne, was sent to
Mexico to secure specimens of the quail of that country, believing that
they would find a congenial breeding-place in our interior valleys.
Owing to the continued drought that had prevailed in that countr}^ for
a number of years, which interfered with the mating and breeding, he
was successful only to a limited degree. Mr. Payne brought back with
him al)0ut four dozen of the Callipepla elegcms, or Elegant quail,
from the State of Sonora, Mexico. These have been placed in localities
where they will receive protection and where the conditions are similar
to those from which they were taken. It is yet too early to determine
the results from this small number, but it is hoped that they will
propagate.

A number of Chinese quail that were brought into this State for
market purposes were seized by deputies of this Board; arrests followed
and the possessors of the l)irds were convicted and paid substantial
fines. Several hundred of these quail were liberated in different parts
of the State. They were in evidence for a short time, but seem to have
totally disappeared.

In our opinion the bob white quail would be a valuable acquisition to
our' game birds. This variety is well adapted to the stul)ble fields and
river bottoms of our great valleys, differing in that respect from our
mountain and valley quail, both of which prefer the mountains and
hilly sections. Much has been written and argued about the damage
done to grapes and in grain fields by quail, but our observations and
experience do not support the contentions.

FISH AND GAME PROTECTIVE ASSOCIATIONS.

In many sections of the State, Fish and Game Protective Associa-
tions have been organized during the past few years. They have
exerted a wholesome and salutary influence in building up a local sen-
timent in favor of the fish and game laws, and have in many cases
been of great assistance to our regular deputies. These clubs and asso-
ciations are in the main composed of the most intelligent and loyal
people in their respective sections, who understand the value and impor-
tance of protecting the fish and game, and the necessity for the restric-
tions. Manv of the associations are in the mountain counties and are

68 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

composed of the practical, sensible fanner or workman. In no sense
are they preserve clubs. The members usually fish in jiublic waters
and hunt in most cases upon the public lands. They are always ready
and willing to do their full share of the work of hauling fish to stock
the streams in their vicinity, and by their interest and example encour-
age a more general observance of the law.

To H. T. Payne, one of our regular deputies, has been assigned the
work of assisting these organizations in carrying out their aims, which
has kept him constantly traveling throughout the length and breadth of
the State.

GAME WARDENS.

Many Boards of Supervisors consider the appointment of a game
warden a waste of money, a useless expenditure of county funds, and
the conclusion is not surprising, considering the service that is often
rendered. On the other hand, the i)roper sort of material for a good
officer can not be found for the small salary attached to the office
under the provisions of the present County Fish and Game \\'arden
Act.

In our oi)inion that Act should be amended in several important
particulars. First, the compensation should be sufficient to induce
good men to seek the office. Second, the Boards of Supervisors should
have the right to appoint a warden at any time and for as long a period
not to exceed two years, as in tlicir judgment good services could be
rendered. In many counties we believe this would result in men being
appointed for shorter terms, with liberal compensation during the
seasons of the year such services are most needed. If the fitness of' the
individual is considered and political influence is made "a secondary
matter, the chances are largely in favor of finding a competent and
faithful officer.

We further believe that the appointment of game wardens should be
mandatory and not optional, and if the present restrictions are removed
and more discretion vested in the Boards of Supervisors, excellent
results would follow.

RECOMMENDATIONS.

The only recommendation calling for an additional appropriation is
made in the interest of game, to permit us to increase our force of regu-
lar deputies by four. The amount necessary is the modest sum of
$5,000 per annum, or $10,000 for two years, which would make a total
of $12,500, the same amount tliat is allowed for the support and mainte-
nance of hatcheries.

We would recommend the following amendments to the game laws:
Amend Section 626'^ by including ''any swan or any imported quail."

REPORT OK STATE BOARD OF FISH COMMISSIONERS. 69

Amend Section 626r/ by reducing tlio bug limit on ducks and doves
from fifty to twenty-five during any one calendar day.

Amend Section 626/ by reducing the open season for the taking and
killing of male deer to two months, from August 1st to October 1st.

Amend Section 626// by making it a misdemeanor to kill a tree
squirrel at any time.

Amend Section 626i by reducing the number of male deer that can
be lawfully killed in one season from three to two.

Amend Section 626/ so as to prohibit the use of hounds at any time
to run, track, or trail any deer.

Amend Section 626^- by adding thereto " any dove, rail, or any snipe."

Amend Section 626m by adding thereto "or animals."

Amend Section 631 by prohibiting the use of any poisonous sub-
stances, to take, kill or destroy either the birds " or animals" mentioned.

Amend Section 631a by making the minimum penalty for violation
of Section 626^, $50 instead of $25.

We would recommend the following amendments to the fish laws:
Amend Section 628, relating to black bass, by extending the open
season, making it lawful to catch and have black bass in possession
from May 15th to December 1st. We would also recommend that the
season for the taking of spiny lobster or crawfish be closed for two
years.

Amend Section 632 by increasing the weight limit on trout that can be
lawfully sold, from one half pound to one pound; by extending the close
season from April 1st to May 1st; by placing a bag limit of fifty as
the number of trout that can be lawfully taken during one calendar
day; by making it an offense to have in possession any trout less than
five inches in length, and by prohibiting the taking of steelhead with
nets or seines at any time.

ACKNOWLEDGMENTS.

To you officially and personally we desire to express our sincere
appreciation of the confidence you have shown in us, and the encour-
aging interest you have taken in our work. All our requests and recom-
mendations have met with courteous recognition and approval, for
which we thank you.

The Commission acknowledges its gratitude to the following railway
and transportation companies for the free transportation of all our
employes, apparatus, eggs, and fish. Without their assistance our
efforts would have been restricted to very narrow limits, and could not
have been given for the benefit of the whole State: Southern Pacific
Company, Santa Fe System, Sierra Railway Compan}^, California

70 RErortT OF STATK BOARD OF FTSTT rOM^ITSSIONERS.

Northwestern Railway Company, North Pacific Coast Railway Com-
pany, Lake Tahoe Railway and Transportation Company, Nevada-
California-Oregon Railway Company, Boca and Loyalton Railway
Company.

To the Spring Valley Water Company of San Francisco we are
indebted for a valuable concession, permitting us the free use of water
at the Ferry Building to "set up" our shipments of young fish, which
requires a considerable amount of running water for a length of time
varying from three to twelve hours.

To A. Christeson, General Manager of Wells, Fargo & Co., J. C. Tice,
agent at San Francisco, and all the superintendents, agents, and
employes of their company, we are specially indebted for many privi-
leges and most courteous treatment. No reasonable request has failed
to receive attention, and in many cases voluntary assistance that was
of great value to our work has been freely given the deputies of this
Board.

To all employes of the Southern Pacific Company, officials or sub-
ordinates, with wlioni our deputies or officers liave come in contact, we
are under special obligations for assistance rendered our men when
moving fish, eggs, or other material used in our work.

To the various fish and game protective associations, that have been
referred to, we are under obligations, not only for assistance rendered
our deputies, but for the upbuilding of public sentiment, which is sucb
an important factor in sustaining the fish and game laws.

For substantial assistance in the form of free transportation for all of
our men, the eggs and the fry, and for other courtesies, our thanks are
extended to D. L. Bliss, Jr., Superintendent of the Lake Tahoe Railway
and Transportation Company.

To Messrs. Lawrence and Comstock, of Tallac, we are again indebted
for free use of teams for hauling fish, eggs, and supplies, and for many
privileges. Without the assistance rendered from these gentlemen at
Tahoe and Tallac, respectively, our operations would be seriously
handicapped.

During the past two years all the salmon eggs hatched at t)ur
stations have been furnished by the United States Bureau of Fish and
Fisheries, from Baird on the McCloud River and from their Battle Creek
and Mill Creek egg-collecting stations.

Our thanks are extended to Hon. George M. Bowers, United States
Commissioner of Fish and Fisheries; also to his able assistants in
Washington, Dr. H. M. Smith and John W. Titcomb; also to Capt.
G. H. Lambson, Superintendent of Baird Station.

For much valuable information and also for interesting papers on
the fishes of the Pacific, we are under obligations to Dr. David Starr
Jordan, President of Leland Stanford Junior University.

KlOroUT OK STATE BOAUD (>K IMSII COM.M ISSIO.NKKS. /I

In submitting this report of ilic work done in llic past two years,
permit ns to say tliat we feel satisfied witli tlie record, and believe tliat
it will meet with the approval of yourself and of all fair-njinded
citizens. We trust the incoming TiCgislature w'ill give careful considera-
tion to our recommendations, which represent our l)est judgment, based
on our experience and close observation of the various subjects, and
which, if enacted into laws, will l)etter ena))le us to carry out the
important reasons foi- wliicli this Commission was created.

^'ours res})ectfully,

W. \V. VAN ARSDALE,
W. E. GERBER,

Fi><Ii Com II) issi()iier><.

San Francisco, Cal., September, 1904.

APPENDIX

TO THE

EIGHTEENTH BIENNIAL REPORT

OF THE

BOARD OF FISH COMMISSIONERS.

1903-1904

CONTENTS,

Page.

1. PACIFIC SPECIES OF SALMON AND TROUT. By David Starr Jordan,

Prosidcnt of Lelaiul Stanford Junior T^nivcrsity 75

2. THE PARENT-STREAM THEORY OF THE RETURN OF SALMON. By

David Starr Jordan, President of Leland Stanford Junior University 98

;i ARTIFICIAL PROPAGATION OF SALMON IN THE SACRAMENTO RIVER.

By Cloudslet Ritter, Naturalist. LT. S. Fish Commission steamer Albatross.- 103

SUPREME COURT DECISIONS.

4. AH KING. Petitioner, vs. POLICE COURT OF THE CITY AND COUNTY

OF SAN FRANCISCO, Respondent. (139 Cal. 718) 108

Fish and Game Law — Title of Act — Constititional Law. The preservation
of tish and game is a single subject of legislation; and the Fish and Game
Law is not invalidated by the constitutional provision requiring Acts of the
Legislature to embrace but one subject, to be expressed in their titles.

5. THE PEOPLE, Respondent, vs. THOMAS J. MILES AND S. S. DINWIDDIE.

Appellants. (143 Cal. 636) 108

Criminal Law— Violation of Fishing Law — Use of Set-Net in Slough.
Under the fishing law jirescribed in Section 636 of the Penal Code, the use of
a set-net in any waters of the State is forbidden, and it is not material
whether the waters have a current or tide. A net in a slough connected
with a navigable river must be left free to drift, and not be set or permanent.

6. THE PEOPLE, Respondent, ;•*■. PAUL HAAGEN, Appellant. (139 Cal. 115)-_ 110

Criminal Law— Violation of Fishing Law — Penalty— Constriction of Penal
Code — Jurisdiction of Superior Court — Case Affirmed. The Superior
Court has jurisdiction of a criminal prosecution for the violation of Section
634 of the Penal Code in regard to the possession and sale of fresh salmon
between the tenth of September and the sixteenth of October of a specified
year. That section fixes no maximum limit of penalty for the offense ; and
its construction is not affected by Section 19 of the Penal Code. The case of
People vs. Tom Xop, 124 Cal. 150, affirmed and applied.

Id. Defect in Information — Omission of Word. The omission of the word
"did" before the verbs "have" and "sell" in the information, thereby
making these verbs in the wrong tense, is a mere defect in matter of form,
not tending to the prejudice of a substantial right of defendant upon the
merits, and is not ground for reversal.

Id. Date of Catching of Fish — Rejection of Evidence— Case Affirmed.
Where the charge is to the effect that on the eleventh day of September,
being the first day of tlie prohibited season, the defendant unlawfully had in
his possession and sold fresh salmon, it was not error to refttse evidence that
the fish were caught prior to that date. The case of E.r Parte Moier, 103 Cal.
■476 (1), affirmed and applied.

Adviuice Notes from "A (iuiilf to Ihc Sliidv oi' 1m<1ic^. " I'.v (■(Hirtcsv <p|' lU-iii-v Hull <\: Co.

PACIFIC SPECIES OF SALMON AND TROUT.

By DAVID STARR JORDAN, President of Lclaiid Stanford .Tuiiiur Universitv

salmonid;e.

The Salmon Family. — The series or suborder Salmonoidea, or allies
of the salmon and trout, are characterized as a whole by the presence
of the adipose fin, a structure also retained in Characius and catfishes,
which have no evident affinity with the trout, and in the lantern-
fishes, lizard-fishes, and trout-perches, in which the affinity is very
remote. Probably these groups all have a common descent from some
primitive fish having an adipose fin, or at least a fleshy fold on
the back.

Of all the families of fishes, the one most interesting from almost
every point of view is that of the Salmoniche, the salmon family. As
now restricted, it is not one of the largest families, as it comprises less
than a hundred species; but in beauty, activity, gaminess, quality as
food, and even in size of individuals, different members of the group
stand easily with the first among fishes. The following are the chief
external characteristics which are common to the members of the
family :

Body oblong or moderately elongate, covered with cycloid scales of
varying size. Head naked. Mouth terminal or somewhat inferior,
varying considerably among the different species, those having the
mouth largest usually having also the strongest teeth. Maxillary pro-
vided with a supplemental bone, and forming the lateral margin of
the upper jaw. Pseudobranchise present. Gill-rakers varying with
the species. Opercula complete. No barbels. Dorsal fin of moderate
length, placed near the middle of the length of the body. Adipose fin
well developed. Caudal fin forked. Anal fin moderate or rather
long. Ventral fins nearly median in position. Pectoral fins inserted
low. Lateral line present. Outline of belly rounded. Vertebra^ in
large number, usually about sixty.

The stomach in all the SalmonidR' is siphonal, and at the pylorus
are many (15 to 200) comparatively large pyloric ca>ca. The air-
bladder is large. The eggs are usually much larger than in fishes gen-
erally, and the ovaries are without special duct, the ova falling into

76 REPORT OF STATE BOARD OF FI8H COMMISSIONERS.

the cavity of the abdomen before exclusion. The large size of the eggs,
their lark of adhesiveness, and the readiness with which they may be
impregnated, render the Salmonidse peculiarly adapted for artificial
culture.

The Stihno)ii(bc are peculiar to the North Temperate and Arctic
regions, and within this range they are almost equally abundant wher-
ever suitable waters occur. Some of the species, especially the larger
ones, are marine and anadromous, living and growing in the sea, and
ascending fresh waters to spawn. Still others live in running brooks,
entering lakes or the sea when occasion serves, but not habitually
doing so. Still others are lake fishes, approaching the shore or enter-
ing brooks in the spawning season, at other times retiring to waters of
considerable depth. Some of them are active, voracious, and gamy,
while others are comparatively defenseless and will not take the hook.
They are divisible into ten easily recognized genera: CoregonuH, Argyr-
osovius, Plecoglofi^us. Brachymystax, Stenodus, Oncorhynchus, Salmo,
Hvcho, Cristiromer, and Salvelinus.

Fragments of fossil trout, very imperfectly known, are recorded
chiefly from Pleistocene deposits of Idaho, under the name of Rhabdo-
fario larvstrifi. We have also received from Dr. C. Merriam, from ferru-
ginous sands of the same region, several fragments of jaws of salmon in
the hook-nosed condition, Avith enlarged teeth, showing that the pres-
ent salmon runs have been in operation for many thousands of years.
Most other fragments hitherto referred to Salmonidse, belong to some
other kind of fish.

Oncorhynchus, the Quinnat Salmon. — The genus Oncorhynchus
contains the salmon of the Pacific. They are in fact, as well as in
name, the king salmon. The genus is closely related to Salmo, with
which it agrees in general as to the structure of its vomer, and from
which it differs in the increased number of anal rays, branchiostegals,
pyloric coeca, and gill-rakers. The character most convenient for dis-
tinguishing Oncorhynchus, young or old, from all the species of Salmo,
is the number of developed rays in the anal fin. These in Oncorhynchus
are thirteen to twenty, in Sahno, nine to twelve.

The species of Oncorhynchus have long been known as anadromous
salmon, confined to the North Pacific. The species were first made
known nearly one hundred and fifty years ago by that most exact of
early observers, Steller, who almost simultaneously with Kraschen-
innikov, another early investigator, distinguished them with perfect
accuracy under their Russian vernacular names. These Russian names
were, in 1792, adopted by Walbaum as specific names in giving to
these animals a scientific nomenclature. Five species of Oncorhynchus
are well known on both shores of the North Pacific, besides one other
in Japan. These have been greatly misunderstood by early observers

REPORT OF STATE BOARD OE FISH COMMISSIONERS. 77

on account of the extraordinary changes due to differences in surround-
ings, in sex and in age, and in conditions connected with the ]n-ocess of
reproduction.

There are five species of sahuon {Oarorhytu-hus) in the; waters of the
North Pacific, all found on l)oth sides, hesides one other whicli is known
only from the waters of .Japan. These species may be called: (1) the
quinnat, or king salmon, (2) the l)lue-l)ack salmon, or rcdfisli, (;>) tlie
silver salmon, (4) the dog salmon, (5) tlie ]unnpl)ack salmon, and ((>)
the masu; or (1) Onrnrhyiichus tsckawytscha, (2) Oncorhyiirliu>i nerka,
(3) OncnrhynrJnis milJdschitch. (4) Oncorhynchus keta, (5) Onrorhyrirhus
gorbuscha, (6) Ortcorhyurlm>< nxisov. All these species save the last are
now known to occur in the waters of Kamchatka, as well as in those
of Alaska and Oregon. These species, in all their varied conditions,
may usually be distinguished by the characters given below. Other
differences of form, color, and appearance are absolutely valueless for
distinction, unless specimens of the same age, sex, and condition are
compared.

The quinnat salmon {Onrorliyiirhas UchawytHclui)* , called quinnat,
tyee, chinook, or king salmon, has an average weight of 22 pounds, but
individuals weighing 70 to 100 pounds are occasionally taken. It has
about 16 anal rays, 15 to 19 In-anchiostegals, 23 (9+14) gill-rakers on the
anterior gill-arch, and 140 to 185 pyloric coeca. The scales are com-
paratively large, there being from 130 to 155 in a longitudinal series.
In the spring the body is silvery, the back, dorsal fin, and caudal fin
having more or less of round black spots, and the sides of the head
having a peculiar tin-colored metallic luster. In the fall the color is
often black or dirty red, and the species can then be distinguished
from the dog salmon by its larger size and by its technical cliaracters.
The flesh is rich and salmon-red, becoming suddenly pale as the
spawning season draws near.

The blue-back salmon {Oncorhynchus nerka) \, also called red salmon,
sukkegh, or sockeye, usually weighs from 5 to <S pounds. It has about
14 developed anal rays, 14 branchiostegals, and 75 to 95 pyloric ca:>ca.
The gill-rakers are more numerous than in any other salmon, the
number being usually about 89 (16-f23). The scales are larger, there
being 130 to 140 in the lateral line. In the spring the form is
plumply rounded, and the color is a clear bright blue above, silvery
below, and everywhere innuaculate. Young fishes often sliow a few
round black spots, which disappear when they enter the sea. Fall

*For valual)le accounts of tlie habits of this species the reader is referred to papers
by the late Cloudsley Rutter, ichthyologist of the Albatross, in tlie publications of the
United States Fish Commission, the " Popular Science Monthly," and the "Overland
Monthly."

tPor valuable records of the natural history of this species the reader is referred to
various papers by Dr. Barton Warren Evermann in the bulletins of the United States
Fish Commission and elsewhere.

78 ■ RKl'ORT OF STA'PK BOAKD OK I'ISII COMMTSSIONERS.

specimens in tlic lakes are bright crimson in color, the head clear
olive-green, and they become in a higli degree hook-nosed and slab-
sided, and bear little resemblance to the spring run. Young spawning
male grilse follow the changes which take place in the adult, although
often not more than half a pound in weight. These little fishes often
appear in mountain lakes, but whether they are landlocked or have
come up from the sea is still unsettled. These dM^arf forms, called
kokos by the Indians and benimasre in Japan, form the subspecies
OncorJij/iicliUS nerka kcnnerlyi. The flesh in this species is firmer than
that of any other and very red, of good flavor though drier and less
rich than the king salmon.

The silver salmon, or coho (Oncorhynchus milktsehiterh or kisutch),
reaches a weight of 5 to 8 pounds. It has 13 developed rays in the
anal, lo branchiostegals, 23 (10+13) gill-rakers, and 45 to 80 pyloric
coeca. There are about 127 scales in the lateral line. The scales are
thin and all except those of the lateral line readily fall off. Tins
feature distinguishes the species readily from the red salmon. In
color it is silvery in spring, greenish above, and with a few faint black
spots on the upper parts only. In the fall the males are mostly of a
dirty red. The flesh in this species is of excellent flavor, but pale in
color, and hence less valued than that of the quinnat and the
red salmon.

The dog salmon, calico salmon, or clium, called sake in Japan
{Onrorhynrhii>i krt<t), reaches an average weight of about 7 to 10
pounds. It has about 14 anal rays, 14 branchiostegals, 24 (9 + 15)
gill-rakers, and 140 to 185 pyloric c(Pca. There are about 150 scales
in the lateral line. In spring it is dirty silvery, immaculate, or
sprinkled with small black specks, the fins dusky, the sides with faint
traces of gridiron-like bars. In the fall the male is brick-red or black-
ish, and its jaws are greatly distorted. The pale flesh is well flavored
when fresh, but pale mushy in texture and muddy in taste when
canned. It is said to take salt well, and great numbers of salt dog
salmon are consumed in Japan.

The humpback salmon, or })ink salmon {Oncorhynchus gorJnischa),
is the smallest of the American species, weighing from 3 to 5 pounds.
It has usually 15 anal rays, 12 branchiostegals, 28 (13 + 15) gill-rakers,
and about 180 pyloric coeca. Its scales are much smaller than in any
other salmon, there being 180 to 240 in the lateral line. In color it is
bluish above, silvery below, the posterior and upper parts with many
round black spots, the caudal tin always having a few large black
spots oblong in form. The males in fall are dirty red, and are more
extravagantly distorted than in any other of the Salmonidse. The
flesh is softer than in the other species; it is pale in color, and, while
of fair flavor when fresh, is distinctly inferior when canned.

REPORT OF STATE ]}()ARD OF FISH COMMISSIONERS. 79

The masu, or yezomasu {OncorhyncJm.'^ masou), is very similar to the
humpback, the scales a little larger, the caudal without black spots, the
back usually immaculate. It is one of the smaller salmon, and is fairly
abundant in the streams of Hokkaido, the island formerly known as
Yezo.

Of these species the blue-back or red salmon predominates in Fraser
River and in most of the small rivers of Alaska, including all those
which flow from lakes. The greatest salmon rivers of the world are
the Nushegak and Karluk in Alaska, with the Columbia River, Fraser
River, and Sacramento River farther south. The red and the silver
salmon predominate in Puget Sound, the quinnat in the Columbia and
the Sacramento, and tlie silver salmon in most of the smaller streams
along the coast. All the species occur, however, from the Columbia
northward; but the blue-black is not found in the Sacramento. Only
the (|uinnat and the dog salmon have been noticed south of San Fran-
cisco. In Japan keta is by far the most abundant species of salmon.
It is known as sake, and largely salted and sold in the markets. Nerka
is known only as landlocked in Lake Akan in northern Hokkaido.
Milktsrhit>^rh is generally common, and with masou is known as masu,
or small salmon, as distinguished from the large salmon, or sake.
Tschawytscha and gorhuschd are unknown in Japan. Masou has not
been found elsewhere.

The <]uinnat and l)lue-back salmon, the " noble salmon," habitually
" run "' in the sjtring, the others in the fall. The usual order of run-
ning in the rivers is as follows: tschawytscha, nerka, milktsr kitsch,
(jorhuscha, keta. Those which run first go farthest. In the Yukon the
quinnat runs as far as Caribou Crossing and Lake Bennett, 2,250 miles.
The red salmon runs to " Forty-Mile," which is nearly 1,800 miles.
Both ascend to the head of the Columbia, Fraser, and Nass, Skeena,
Stikeen, and Taku rivers. The (piinnat runs practically only in the
streams of large size, fed with melting snows; the red salmon only in
streams which pass through lakes. It spawns only in small streams at
the head of a lake. The other species spawn in almost any fresh
water and only close to the sea.

The economic value of the spring-running salmon is far greater than
that of the other species, because they can be captured in numbers
when at their best, while the others are usuall}^ taken only after dete-
rioration.

The habits of the salmon in the ocean are not easily studied. Quin-
nat and silver salmon of all sizes are taken with the seine at almost
any season in Puget Sound and among the islands of Alaska. This
would indicate that these species do not go far from the shore. The
silver salmon certainly does not. The quinnat pursues the schools of
herring. It takes the hook freely in Monterey Bay, both near the shore

80 REPORT OF STATE BOARD OF FISH COMMISPIOXERS.

and at a distance of six to eight miles out. We have reason to beheve
that these two species do not necessarily seek great depths, but proba-
bly remain not very far from the mouth of the rivers in which they
Avere spawned. The blue-back or red salmon certainly seeks deeper
water, as it is seldom or never taken with the seine along shore, and it
is known to enter the Straits of Fuca in July, just before the running
season, therefore coming in from the open sea. The great majority of
the quinnat salmon, and probably all the blue-back salmon, enter the
rivers in the spring. The run of the quinnat begins generally at the
last of March; it lasts, witli various modifications and interruptions,
until the actual spawning season in November, the greatest runs being
in early June in Alaska, in July in the Columbia. The run begins earli-
est in the northernmost rivers, and in the longest streams, the time of
running and the proportionate amount in each of the subordinate runs
varying with each different river. In general, the runs are slack in the
summer and increase with the first high water of autumn. By the last
of August (inly straggling blue-backs can be found in the lower course
of any stream; but both in the Columbia and in the Sacramento the
quinnat runs in considerable numbers at least till October. In the
Sacramento the run is greatest in the fall, and more run in the sum-
mer than in spring. In the Sacramento and the smaller rivers south-
ward there is a winter run, beginning in December. The spring c|uinnat
salmon ascends only those rivers which are fed by the melting snows
from the mountains and which have sufficient volume to send their
waters well out to sea. Those salmon wliirli run in the spring are
chiefly adults (supposed to be at least three years old). Their milt and
spawn are no more developed than at the same time in others of the
same species which have not yet entered the rivers. It would appear
that the contact with cold fresh water, when in the ocean, in some
way causes them to run toward it, and to run before there is any
special influence to that end exerted by the development of the organs of
generation. High water on any of these rivers in the spring is alwaj's
followed by an increased run nf salmon. The salmon-canners think —
and this is probably true — that salmon which would not have run till
later are brought up by the contact with the cold water. The cause
of this effect of cold fresh water is not understood. We may call it
an instinct of the salmon, which is another way of expressing our
ignorance. In general, it seems to be true that in those rivers and
during those years when the spring rtm is greatest the fall run is least
to be depended on.

The blue-back salmon runs chiefly in .July and early August, begin-
ning in late June in the Chilcoot River, where some were found actually
spawning July 15 ; beginning after the middleof July in the Fraser River.
. As the season advances, smaller and younger salmon of these species

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 81

(quinnat and blue-back) enter the rivers to spawn, and in tlie fall these
young specimens are very numerous. We have thus far failed to notice
any gradations in size or appearance of these young fish by which their
ages could be ascertained. It is, however, probable that some of both sexes
reproduce at the age of one year. In. the Fraser River, in the fall, quin-
nat male grilse of every size, from eight inches upward, were running,
the milt fully developed, but usually not showing the hooked jaws and
dark colors of the older males. Females less tlian eighteen inches in
length were not seen. All of either sex, large and small, then in the
river had the ovaries or milt developed. Little blue-backs of every
size, down to six inches, are also found in the upper Columbia in the
fall, with their organs of generation fully developed. Nineteen twen-
tieths of these young fish are males, and some of them have the hooked
jaws and red color of the old males. Apparently all these young fishes,
like the old ones, die after spawning.

The average weight of the adult quinnat in the Columljia, in the
spring, is 22 pounds; in the Sacramento, about 16 pounds. Individuals
weighing from 40 to 60 pounds are frequently found in both rivers, and
some as high as 80 or even 100 pounds are recorded, especially in
Alaska, where the species tends to run larger. It is questionable
whether these large fishes are those which, of the same age, have grown
more rapidly ; those which are older, but have for some reason failed to
spawn; or those which have survived one or more spawning seasons.
All these origins may be possible in individual cases. There is, how-
ever, no positive evidence that any salmon of the Pacific survives the
spawning season.

Those fish which enter the rivers in the spring continue their ascent
until death or the spawning season overtakes them. Doubtless not one
of them ever returns to the ocean, and a large proportion fail to spawn.
They are known to ascend the Sacramento to its extreme headwaters,
about four hundred miles. In the Columbia they ascend as far as the
Bitter Root and Sawtooth mountains of Idaho, and their extreme limit
is not known. This is a distance of nearly a thousand miles. In the
Yukon a few ascend to Caribou Crossing and Lake Bennett, 2,250
miles. At these great distances, when the fish have reached the spawn-
ing grounds, besides the usually changes of the breeding season their
bodies are covered with bruises, on which patches of white fungus
{Saprolegnia) develop. The fins become mutilated, their eyes are often
injured or destroyed, parasitic worms gather in their gills, they become
extremely emaciated, their flesh becomes white from the loss of oil; and
as soon as the spawning act is accomplished, and sometimes before, all
of them die. The ascent of the Cascades and the Dalles of the Columbia
causes the injury or death of a great many salmon.

When the salmon enter the river they refuse to take bait, and their

6— FC

82 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

stomachs are always found empty and contracted. In the rivers they
do not feed; and when thej' reach the spawning grounds their stomachs,
pyloric coeca and all, are said to be no larger than one's finger. They
will sometimes take the fly, or a hook baited with salmon-roe, in the
clear waters of the upper tributaries, but this is apparently solely out
of annoyance, snapping at the meddling line. Only the quinnat and
blue-back (there called red fish) have been found at any great distance
from the sea, and these (as adult fishes) only in late summer and fall.

The spawning season is probably about the same for all the species.
It varies for each of the different rivers, and for different parts of the
same river. It doubtless extends from Jul}' to December, and takes
place usualh' as soon as the temperature of the Avater falls to 54°. The
manner of spawning is probably similar for all the species. In the
(|uinnat the fishes pair off; the male, with tail and snout, excavates a
broad, shallow "nest"" in the gravelly bed of the stream, in rapid
water, at a depth of one to four feet, and the female deposits her eggs
in it. They then float down the stream tail foremost, the only fashion
in which salmon descend to the sea. As already stated, in the head-
waters of the large streams, unquestionably, all die; it is the belief of
the writer that none ever survive. The young hatch in sixty days, and
most of them return to the ocean during the high water of the spring.
They enter the river as adults at the age of about four years.

The salmon of all kinds in the spring are silvery, spotted or not
according to the species, and with the mouth about equally symmet-
rical in both sexes. As the spawning season approaches the female
loses her silvery color, becomes more slimy, the scales on the back
partly sink into the skin, and the flesh changes from salmon-red and
becomes variously paler, from the loss of oil; the degree of paleness
varying much with individuals and with inhabitants of different
rivers. In the Sacramento the flesh of the quinnat, in either spring or
fall, is rarely pale. In the Columbia a few with pale flesh are some-
times taken in spring, and an increasing number from July on. In
the Eraser River the fall run of the quinnat is nearly worthless for
canning purposes, because so many are "' white-meated." In the spring
very few are "white-meated"; but the number increases toward fall,
when there is every variation, some having red streaks running through
them, others being red toward the head and pale toward the tail. The
red and pale ones can not be distinguished externally, and the color is
dependent on neither age nor sex. There is said to be no difference in
the taste, but there is little market for canned salmon not of the con-
ventional orange-color.

As the season advances the difference between the males and females
becomes more and more marked, and keeps pace with the development
of the milt, as is shown by dissection. The males have (1) the pre-

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 83

maxillaries and the tip of the lower jaw more and luure prolonged
both of the jaws becoming finally strongly and often extravagantly
hooked, so that either they shut by tlie side of each other like shears,
or else the mouth can not be closed. (2) The front teeth become very
long and canine-like, their growth proceeding very rapidly, until they
are often half an inch long. (3) The teeth on the vomer and tongue
often disappear. (4) The body grows more compressed and deeper
at the shoulders, so that a very distinct hump is formed; this is more
developed in the humpback salmon, but is found in all. (5) The
scales disappear, especially on the back, by the grow^th of spongy skin.
(6) The color changes from silvery to various shades of black and
red, or blotchy, according to the species. The blue-back turns rosy-red,
the head bright olive; the dog salmon a dull red witli blackish bars,
and the quinnat generally blackish. The distorted males are commonly
considered worthless, rejected by the canners and salmon-salters, but
preserved by the Indians. These changes are due solely to influences
connected with the growth of the reproductive organs. They are not
in any way due to the action of fresh water. They take place at about
the same time in the adult males of all species, whether in the ocean
or in the rivers. At the time of the spring runs all are symmetrical.
In the fall all males, of whatever species, are more or less distorted.
Among the dog salmon, which run only in the fall, the males are
hook-jawed and red-blotched when they first enter the Straits of Fuca
from the outside. The humpback, taken in salt water about Seattle,
have the same peculiarities. The male is slab-sided, hook-billed, and
distorted, and is rejected by the canners. No hook-jaw^ed females of
any species have been seen.

On first entering a stream the salmon swim about as if playing.
They always head toward the current, and this appearance of playing
may be simply due to facing the moving tide. Afterwards they enter
the deepest parts of the stream and swim straight up, with few" inter-
ruptions. Their rate of travel at Sacramento is estimated by Stone at
about two miles per day; on the Columbia, at about three miles per day.
Those which enter the Columbia in the spring and ascend to the moun-
tain rivers of Idaho must go at a more rapid rate than this, as they
must make an average of ^nearly four miles per day.

As already stated, the economic value of any species depends in great
part on its being a " spring salmon." It is not generally possible to
capture salmon of any species in large numbers until they have entered
the estuaries or rivers, and the spring salmon entered the large rivers
long before the growth of the organs of reproduction has reduced the
richness of the flesh. The fall salmon can not be taken in quantity
until their flesh has deteriorated; hence the dog salmon is practically
almost worthless except to the Indians, and the humpback salmon was

8-4 HErOUT OF STATE BOARD OF FISH COMMISSIONERS.

regarded as little better until comparatively recently, Avhen it has been
placed on the market in cans as " Pink Salmon." It sells for about half
the price of the red salmon and one third that of the quinnat. The red
salmon is smaller than the quinnat but, outside the Sacramento and the
Columbia, far more abundant, and at present it exceeds the quinnat in
economic value. The pack of red salmon in Alaska amounted in 1902
to over two million cases (48 pounds each), worth wholesale about $4.00
per case, or about $8,000,000. The other species in Alaska yield about
one million cases, the total wholesale value of the pack for 1902 being
$8,667,673. The aggregate value of the quinnat is considerably less,
but either species far exceed in vakie all other fishes of the Pacific
taken together. The silver salmon is found in the inland waters of
Puget Sound for a considerable time before the fall rains cause the
fall runs, and it may be taken in large numbers with seines before the
season for entering the rivers.

The fall salmon of all species, but especially of the dog salmon, ascend
streams but a short distance before spawning. They seem to be in great
anxiety to find fresh water, and many of them work their way up little
brooks only a few inches deep, where they perish miserably, floundering
about on the stones. Every stream, of whatever kind, from San Fran-
cisco to Bering Sea, has more or less of these fall salmon.

The absence of the fine spring salmon in the streams of Japan is the
cause of the relative unimportance of the river fisheries of the northern
island of Japan, Hokkaido. It is not likely that either the quinnat or
the red salmon can be introduced into these rivers, as they have no
snow-fed streams, and few of them pass through lakes which are not
shut off by waterfalls. For the same reason neither of these species is
likely to become naturalized in the waters of our Eastern States, though
it is worth while to bring the red salmon to the St. Lawrence. The
silver salmon, already abundant in Japan, should thrive in the waters
and bays of New England.

Salmon-Packing. — The canning of salmon, that is, the packing of the
flesh in tin cases, hermetically sealed after boiling, was begun on the
Columbia River by the Hume Brothers in 1866. In 1874 canneries
were established on the Sacramento River, in 1876 on Puget Sound and
on Eraser River, and in 1878 in Alaska. At first only the quinnat sal-
mon was packed; afterwards the red salmon and the silver salmon, and
finally the humpback, known commercially as pink salmon. In most
cases the flesh is packed in one-pound tins, forty-eight of which consti-
tute a case. The wholesale price in 1903 was for quinnat salmon $5.60
per case, red salmon $4.00, silver salmon $2.60, humpback salmon $2.00,
and dog salmon $1.50. It costs in round numbers $2.00 to pack a case
of salmon. The very low price of the inferior brands is due to over-
production.

KEPOKT OF STATE BOAKU OF FISH COMMISSIONERS. 85

The output of the salmon fishery of the Pacific Coast amounts to
about fifteen millions per year, that of Alaska constituting seven or
nine millions of this amount. Of this amount the red salmon consti-
tutes somewhat more than half, tlie quinnat al)0ut four fifths of the
rest.

In almost all salmon streams there is evidence of considerable dimi-
nution in numbers, although the evidence is sometimes conflicting. In
Alaska this has been due to the vicious custom, now done away with,
of barricading the streams so that the fish could not reach the spawn-
ing grounds, but might be all taken with the net. In the Columbia
River the reduction in numbers is mainly due to stationary traps and
salmon-wheels, which leave the first relatively little chance to reach
the spawning grounds. In years of high water doubtless many salmon
run in the spring which might have otherwise waited until fall.

The key to the situation lies in the artificial propagation of salmon
by means of well-ordered hatcheries. By this means the fisheries of
the Sacramento have been fully restored, those of the Columbia approxi-
mately maintained, and a hopeful beginning has been made in hatch-
ing red salmon in Alaska.

SALMO, THE TROUT, AND ATLANTIC SALMON.

The genus Salvia comprises those forms of salmon which have been
longest known. As in related genera, the mouth is large, and the jaws,
palatines, and tongue are armed with strong teeth. The vomer is flat,
its shaft not depressed below the level of the head or chevron (the
anterior end). There are a few teeth on the chevron; and behind it,
on the shaft, there is either a double series of teeth or an irregular
single series. These teeth in the true salmon disappear with age, but
in the others (the black-spotted trout) they are persistent. The scales
are silvery and moderate or small in size. There are 9 to 11 developed
rays in the anal fin. The caudal fin is truncate, or variously concave
or forked. There are usually 40 to 70 pyloric coeca, 11 or 12 branchi-
ostegals, and about 20 (8+12) gill-rakers. The sexual peculiarities
are in general less marked than in Oncorhynchus; they are also greater
in the anadromous species than in those which inhabit fresh waters.
In general, the male in the breeding season is redder, its jaws are
prolonged, the front teeth enlarged, the lower jaw turned upward at
the end, and the upper jaw notched, or sometimes even perforated, by
the tip of the lower. All the species of Salmo (like those of Oncorhyn-
chus) are more or less spotted with black. Unlike the species of
Oncorhynchus, the species of Sahno feed more or less while in fresh
water, and the individuals for the most part do not die after spawn-
ing, although many old males do thus perish.

86 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

The black-spotted trout, forming the subgenus Sahn-, differ from
Salmo salar and Salmo trutta in the greater development of the vom-
erine teeth, which are persistent throughout life, in a long double series
on the shaft of the vomer. About seven species are laboriously distin-
guished by Dr. Guenther in the waters of western Europe. Most of
these are regarded by Dr. Day as varieties of Salmo fario. The latter
species, the common river-trout or lake-trout of Europe, is found through-
out northern and central Europe, wherever suitable waters occur. It is
abundant, gamy, takes the hook readily, and is excellent as food. It
is more hardy than the different species of charr, although from an
aesthetic point of view it must be regarded as inferior to all of the Sal-
velini. The largest river-trout recorded by Dr. Day weighed twenty-
one pounds. Such large individuals are usually found in lakes in
the north, well stocked with smaller fishes on which trout may feed.
Farther south, where the surroundings are less favorable to trout life,
they become mature at a length of less than a foot, and a weight of a
few ounces. These excessive variations in the size of individuals have
received too little notice from students of Salmonida' . Similar varieties
occur in all the non-migratory species of Salmo and of Salvelinus.
Numerous river-trout have been recorded from northern Asia, but as
yet nothing can be definitely stated as to the number of species actually
existing.

In North America only the region west of the Mississippi Valley, the
streams of southeastern Alaska, and the valley of the Mackenzie River
have species of black-spotted trout. There are few of these north of
Sitka in Alaska, although black-spotted trout are occasionally taken on
Kadiak and al^out Bristol Bay, and none east of the Rocky Mountain
region. If we are to follow the usage of the names " salmon " and
" trout " which prevails in England, we should say that, in America, it
is only these western regions which have any trout at all. Of the num-
ber of species (about twenty-five in all) which have been indicated by
authors, certainly not more than about eight to ten can possibly be
regarded as distinct species. The other names are either useless syno-
nyms, or else they have been applied to local varieties which pass by
degrees into the ordinary types.

In the western part of America are found more than a score of trout
of the genus Salmo, all closely related and difficult to distinguish-
There are representatives in the headwaters of the Rio Grande, Arkan-
sas, South Platte, Missouri, and Colorado rivers; also in the Great Salt
Lake basin, throughout the Columbia basin, and in all suitable waters
from southern California and Chihuahua to Sitka, and even to Bristol
Bay, similar forms again appearing in Kamchatka and Japan.

Among the various more or less tangible species tliat may be recog-
nized, three distinct series app ^. These have been termed the cut-

KEPORT OF STATE BOARD OF FISH COMMISSIONERS. 87

throat-trout series (allies of Salmo clarHi), the rainbow-trout series
(allies of Salmo irideus), and the steelhead series (allies of Salmo
gairdneri).

The steelhead, or (jairdneri, series is found in the coastwise streams
of California and in the streams of Oregon and Washington, below the
great Shoshone Falls of Snake River, and northward in Alaska along
the mainland as far as Skagway. The steelhead trout reaches a large
size (10 to 20 pounds). They spend a large part of their life in the sea.
In all the true steelheads the head is relatively very short, its length
being contained about five times in the distance from tip of snout to base
of caudal fin. The scales in the steelhead are always rather small, about
150 in a linear series, and there is no red under the throat. The
spots on the dorsal fin are fewer in the steelhead (4 to 6 rows) than
in the other American trout.

The rainbow forms are chiefly confined to the streams of California
and Oregon. In these the scales are large (about 135 in a lengthwise
series), and the head is relatively large, forming nearly one fourth of
the length to base of caudal fin. These enter the sea only when in the
small coastwise streams and have usually no red under the throat.

The cutthroat forms are found from Humboldt Bay northward as far
as Sitka, in the coastwise streams of northern California, Oregon, Wash-
ington, and Alaska, and all the clear streams on both sides of the Rocky
Mountains, and in the Great Basin and the headwaters of the Colorado.
The cutthroat trout have the scales small, about 180, and there is always
a bright dash of orange-red on each side concealed beneath the branches
of the lower jaw.

Along the western slope of the Sierra Nevada there are also forms of
trout with the general appearance of rainbow trout and evidently belong-
ing to that species, but with scales intermediate in number (in McCloud
River), var. shasta, or with scales as small as in the typical cutthroat
(Kern River), var. gilherti. In these small-scaled forms more or less red
appears below the lower jaw, and they are doubtless what they appear
to be, really intermediate between darkii and irideus, although certainly
nearest the latter. A similar series of forms occurs in the Columbia
basin, the upper Snake being inhabited by darkii and the lower Snake
by darkii and gairdneri^ together with a medley of forms apparently
intermediate.

It seems probable that the American trout originated in Asia, extended
its range to southeast Alaska, thence southward to the Fraser and Col-
umbia, thence to the Yellowstone and the Missouri via Two-Ocean Pass;
from the Snake River to the Great Basins of Utah and Nevada; from
the Missouri southward to the Platte and the Arkansas, thence from
the Platte to the Rio Grande and the Colorado, and then from the Colo-
rado again from Oregon southward c Hwise and along the Sierra to

88 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

northern Mexico, thence northward and coastwise, the sea-running forms
passing from stream to stream.

Of the American species the rainbow trout of California (Salmoiri-
deus) most nearly approaches the European Salmo fario. It has the
scales comparatively large, although rather smaller than in SdhnofariOy
the usual number in a longitudinal series being about 185. The mouth
is smaller than in other American trout; the maxillary, except in old
males, rarely extending beyond the eye. The caudal fin is well forked,
becoming in very old fishes more nearly truncate. The head is relatively
large, about four times in the total length. The size of the head
forms the best distinctive character. The color, as in all the other
species, is bluish, the sides silvery in the males, with a red lateral band,
and reddish and dusky blotches. The head, back, and upper fins are
sprinkled with round black spots, which are very variable in number,
those in the dorsal usually in about nine rows. In specimens taken
in the sea this species, like most other trout in similar conditions, is
bright silvery, and sometimes immaculate. This species is especially
characteristic of the waters of California. It abounds in every clear
brook, from the Mexican line northward to Mount Shasta, or beyond,
the species passing in the Columbia region by degrees into the variety
or form known as Salmo masoni, the Oregon rainbow trout, a small rain-
bow trout common in the forest streams of Oregon, with smaller mouth
and fewer spots on the dorsal. No true rainbow trout have been anywhere
obtained to the eastward of the Cascade range or of the Sierra Nevada,
except as artificially planted in the Truckee River. The species varies
nuich in size; specimens from northern California often reach a weight of
six pounds, while in the streams above Tia Juana in Lower California, the
southernmost locality from which I have obtained trout, they seldom
exceed a length of six inches. Although not usually an anadromous
species, the rainbow trout frequently moves about in the rivers, and it
often enters the sea, large sea-run specimens being often taken for steel-
heads. Several attempts have been made to introduce it in Eastern
streams, but it appears to seek the sea when it is lost. It is apparently
more hardy and less greedy than the American charr, or brook-trout
{Salvelinus fontinalis). On the other hand, it is distinctly inferior to
the latter in beauty and in gaminess.

Three varieties of some importance have been indicated: Salmo iri-
deus fitonei, the Nissui trout of the Klamath, with spots posteriorly
only rarely; Salmo irideus shasta, of the upper Sacramento; and the
small-scaled Salmo irideus gilherti, of the Kings and Kern rivers. In
the headwaters of the Kern the waterfall of Agua-Bonita shuts off
the movements of the trout. Above this fall is a dwarf form with
bright golden fins, and the scales scarcely imbricated. This is the
"golden trout of Mount Whitney," Salvio irideus agua-honita. It will

REPORT OF 8TATE BOARD OF FISII COMMISSIONERS. 89

probably be found to change back to the original type if propagated in
different waters.

In beauty of color, gracefulness of form and movement, sprightliness
when in the water, reckless dash with which it springs from the water
to meet the descending fly ere it strikes the surface, and the mad and
repeated leaps from the water when hooked, the rainbow trout must
ever hold a very high rank. "The gamest fish we have ever seen,"
writes Dr. Evermann, " was a 16-inch rainbow taken on a fly in a small
spring branch tributary of Williamson River in southern Oregon. It
was in a broad and deep pool of exceedingly clear water. As the angler
from behind a clump of willows made the cast the trout bounded from
the water and met the lly in the air a foot or more above the surface;
missing it he dropped upon the water, only to turn about and strike
viciously a second time at the fly just as it touched the surface; though
he again missed the fly, the hook caught him in the lower jaw from the
outside, and then began a fight which would delight the heart of any
angler. His first effort was to reach the bottom of the pool, then,
doubling upon the line, he made three jumps from the water in quick
succession, clearing the surface in each instance from one to four feet,
and every time doing his utmost to free himself from the hook by
shaking his head as vigorously as a dog shakes a rat. Then he would
rush wildly about in tlie large pool, now attempting to go down over
the riffle below the pool, now trying the opposite direction, and often
striving to hide under one or the other of the Imnks. It was easy to
handle the fish when the dash was made up or down stream or for the
opposite side, but when he turned about and made a rush for the protec-
tion of the overhanging bank upon which the angler stood it was not
easy to keep the line taut. Movements such as these were frequently
repeated, and two more leaps were made. But finally he was worn out
after as honest a fight as trout ever made."

" The rainbow takes the fly so readily that there is no reason for
resorting to grasshoppers, salmon eggs, or other bait. It is a fish whose
gaminess will satisfy the most exacting of expert anglers and whose
readiness to take any proper line will please the most impatient of
inexperienced amateurs."

The steelhead {Sahno rivularU) is a large trout, reaching 12 to 20
pounds in weight, found abundantly in river estuaries and sometimes
in lakes from Lynn Canal to Santa Barbara. The spent fish abound in
the rivers in spring at the time of the salmon run. The species is rarely
canned, but is valued for shipment in cold storage. Its bones are much
more firm than those of the salmon — a trait unfavorable for canning
purposes. The flesh when not spent after spawning is excellent. The
steelhead does not die after spawning, as all the Pacific salmon do.

It is thought by some anglers that the young fish hatched in the

90 REPORT OF i^TATE ROAKD OF FISH COMMISSIONERS.

brooks from eggs of the steelhead remain in mountain streams from six
to thirty-six months, going down to the sea with the high waters of
spring, after which they return to spawn as typical steelhead trout. I
now regard this view as unfounded. In my experience the rainbow
and the steelhead are always distinguishable: the steelhead abounds
where the rainbow trout is unknown; the scales in the steelhead are
always smaller (about 155) than in typical rainbow trout; finally, the
small size of the head in the steelhead is always distinctive.

The Kamloops trout, described by the writer from the upper Colum-
bia, seems to be a typical steelhead as found well up the rivers away
from the sea. Derived from the steelhead, but apparently quite distinct
from it, are three very noble trout, all confined so far as yet known to
Lake Crescent in northwestern Washington. These are the crescent
trout, Salmo crescentis, the Beardslee trout, Srdvio heardsleei, and the
long-headed trout, Salmo hathoecetor. The first two, discovered by
Admiral L. A. Beardslee, are trout of peculiar attractiveness and excel-
lence. The third is a deep-water form, never rising to the surface, and
caught only on set lines. Its origin is still uncertain, and it may be
derived from some type other than the steelhead.

Cutthroat or Red-throated Trout. — This species has much smaller
scales than the rainbow trout or steelhead. the usual number in a
longitudinal series being IBO to 170. Its head is longer (about four
times in length to base of caudal). Its mouth is proportionately
larger, and there is alwa^'s a narroAv band of small teeth on the hyoid
bone at the base of the tongue. These teeth are always wanting in
Salvia iridevs and rivvlari^. in which species the rim of the tongue
only has teeth. The color in Salmo clarkii is, as in other species,
exceedingly variable. In life there is always a deep-red l)lotch on the
throat.. between the liranches of the lower jaw and the membrane con-
necting them. This is not found in other species, or is reduced to a
narrow strip or pinkish shade. It seems to be constant in all varieties
of Salmo darlii. at all ages, thus furnishing a good distinctive character.
It is the sign manual of the Sioux Indians, and the anglers have already
accepted from this mark the name of cutthroat trout. The cutthroat
trout of some species is found in every suitable river and lake in the
Great Basin of Utah, in the streams of Colorado, Wyoming, and
Montana, on both sides of the Rocky Mountains. It is also found
throughout Oregon. Washington, Idaho, British Columbia, the coast-
wise islands of southeastern Alaska (Baranof. etc.), to Kadiak and
Bristol Bay, probably no stream or lake suitable for trout-life being
without it. In California the species seems to be comparatively rare,
and its range rarely extending south of Cape Mendocino. Large sea-
run individuals analogous to the steelheads are sometimes found in the
mouth of the Sacramento. In Washington and Alaska this species

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 91

regularly enters the sea. In Puget Sound it is a common fish. These
sea-run individuals are more silvery and less spotted than those found
in the mountain streams and lakes. The size of Salmo clarkii is sub-
ject to much variation. Ordinarily four to six pounds is a large size;
but in certain favored waters, as Lake Tahoe, and the fjords of south-
eastern Alaska, specimens from 20 to 30 pounds are occasionally taken.

Those species or individuals dwelling in lakes of considerable size,
where the water is of such temperature and depth as insures an ample
food-supply, will reach a large size, while those in a restricted environ-
ment, where both the water and food are limited, will be small directly
in proportion to these environing restrictions. The trout of the
Klamath Lakes, for example, reach a weight of at least 17 pounds,
while in Fish Lake in Idaho mature trout do not exceed 8 to 9^ inches
in total length or one-fourth pound in weight. In small creeks in the
Sawtooth Mountains and elsewhere they reach maturity at a length of
5 or 6 inches, and are often spoken of as brook-trout and with the
impression that they are a species different from the larger ones found
in the lakes and larger streams. But as all sorts and gradations
between these extreme forms may be found in the intervening and con-
necting waters, the differences are not even of subspecific significance.

Dr. Evermann observes: "The various forms of cutthroat trout vary
greatly in game qualities; even the same subspecies in different waters,
in different parts of its habitat, or at different seasons, will vary greatly
in this regard. In general, however, it is perhaps a fair statement to
say that the cutthroat trout are regarded by anglers as being inferior in
gaminess to the Eastern brook-trout. Bat while this is true, it must
not by any means be inferred that it is without game qualities, for it is
really a fish which possesses those qualities in a very high degree. Its
vigor and voraciousness are determined largely, of course, by the char-
acter of the stream or lake in which it lives. The individuals which
dwell in cold streams about cascades and seething rapids will show
marvelous strength and Avill make a fight which is rarely equaled by its
Eastern cousin; while in warmer and larger streams and lakes they
may be very sluggish and show but little fight. Yet this is by . no
means always true. In the Klamath Lakes, where the trout grow very
large and where they are often very logy, one is occasionally hooked
which tries to the utmost the skill of the angler to prevent his tackle
from being smashed and at the same time save the fish."

Of the various forms derived from Salmo clarkii, some mere varieties,
some distinct species, the following are among the most marked:

Salmo henshaivi, the trout of Lake Tahoe and its tributaries and out-
let, Truckee River, found in fact also in the Humboldt and the Carson
and throughout the basin of the former glacial lake called Lake Lahon-
tan. This is a distinct species from Salmo clarkii and must be regarded

92 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

as the finest of all the cutthroat trout. It is readily known by its
spotted belly, the black spots being evenly scattered over the whole sur-
face of the body, above and below. This is an excellent game-fish, and
from Lake Tahoe and Pyramid Lake it is brought in large numbers to
the markets of San Francisco. In the depths of Lake Tahoe, which is
the finest mountain lake of the Sierra Nevada, occurs a very large
variety which spawns in the lake, Salmo henshawi tahoensis. This
reaches a weight of twenty-eight pounds.

In the Great Basin of Utah is found a fine trout, very close to the
ordinary cutthroat of the Columbia, from which it is derived. This is
known as Salmo clnrhii virginaJis. In Utah Lake it reaches a large
size.

In Waha Lake in Washington, a lake without outlet, is found a small
trout with peculiar markings, called Salvia clarkii bouvieri.

In the headwaters of the Platte and Arkansas rivers is the small
green-back trout, green or brown, with red throat-patch and large black
spots. This is Salmo clarkii ^tomias, and it is especially fine in St.
Vrain's River and the streams of Estes Park. In Twin Lakes, a pair
of glacial lakes tributary of the Arkansas near Leadville, is found Salmo
clarl-ii maedonaldi, the yellow-finned trout, a large and very handsome
species living in deep water, and with the fins golden yellow. This
approaches the Colorado trout, Salmo clarkii plenriticus, and it may be
derived from the latter, although it occurs in the same waters as the
very different green-back trout, or Salmo clarkii stomias.

Two fine trout derived from Salmo clarkii have been lately discovered
by Dr. Daniel G. Elliot in Lake Southerland, a mountain lake near
Lake Crescent, but not connected with it, the two separated from the
sea by high waterfalls. These have been described by Dr. Seth E.
Meek as Salmo jordani, the "'spotted trout" of Lake Southerland, and
Salvia declivifrons, the "salmon trout." These seem to be distinct forms
or sub-species produced through isolation.

The Rio Grande trout {Salmo clarkii spilurus) is a large and pro-
fusely spotted trout, found in the headwaters of the Rio Grande, the
mountain streams of the Great Basin of Utah, and as far south as the
northern part of Chihuahua. Its scales are still smaller than those of
the ordinary cutthroat trout, and the black spots are chiefly confined
to the tail. Closely related to it is the trout of the Colorado Basin,
Salmo clarkii plenriticus, a large and handsome trout with very small
scales, much sought by anglers in western Colorado, and abounding in
all suitable streams throughout the Colorado Basin.

HucHO, THE HucHEX. — The genus Hvcho has been framed for the
Huchen or Rothfisch {Hvcho hvcho) of the Danube, a very large trout,
differing from the genus Salvia in having no teeth on the shaft of the
vomer, and from the Salvelini at least in form and coloration. The

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 93

huchen is a long and slender, somewhat pike-like fish, with depressed
snout and strong teeth. The color is silvery, sprinkled with small
black dots. It reaches a size little inferior to that of the salmon, and
it is said to be an excellent food-fish. In northern Japan is a similar
species, Hucho blackistoni, locally known as Ito, a large and handsome
trout with very slender body, reaching a length of 2^ feet. It is well
worthy of introduction into American and European waters.

Salvelinus, the Charr. — The genus Salvelinvs comprises the finest
of the Salmonidee, from the point of view of the angler or the artist. In
England the species are known as charr or char, in contradistinction to
the black-spotted species of Salvia, which are called trout. The former
name has unfortunately been lost in America, where the name " trout"
is given indiscriminately to both groups, and, still, worse, to numerous
other fishes (Micropterus,, Hexagrammos, Cynoscion, Agonostomus)
wholly unlike the Salmonidx in all respects. It is sometimes said that
"the American brook-trout is no trout, nothing but a charr," almost as
though "charr" were a word of reproach. Nothing higher, however,
can be said of a salmonoid than that it is a "charr." The technical
character of the genus Salvelinus lies in the form of its vomer. This is
deeper than in Salmo; and when the flesh is removed the bone is found
to be somewhat boat-shaped above, and with the shaft depressed and
out of the line of the head of the vomer. Only the head or chevron is
armed with teeth, and the shaft is covered bv skin.

In color all the charrs differ from the salmon and trout. The body
in all is covered with round spots which are paler than the ground
color, and crimson or gray. The lower fins are usually edged with
bright colors. The sexual differences are not great. The scales, in
general, are smaller than in other Salvionidx, and they are imbedded
in the skin to such a degree as to escape the notice of casual observers
and even of most anglers.

" One trout scale in the scales I'd lay
(If trout had scales), and 'twill outweigh
The wrong side of the balances." — Lowell.

The charrs inhabit, in general, only the clearest and coldest of
mountain streams and lakes, or bays of similar temperature. They are
not migratory, or only to a limited extent. In northern regions they
descend to the sea, where they grow much more rapidly and assume a
nearly uniform silvery-gray color. The different species are found in
all suitable waters throughout the northern parts of both continents,
except in the Rocky Mountains and Great Basin, where only the black-
spotted trout occur. The number of species of charr is very uncertain,
as, both in America and Europe, trivial variations and individual pecul-
iarities have been raised to the rank of species. More types, however,
seem to be represented in America than in Europe.

94 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

The only really well-authenticated species of oharr in European
waters is the red charr. siilbling, or ombre cheyalier {SaU-elinus alpinva).
This species is found in cold, clear streams in Switzerland, Germany
and throughout Scandinavia and the British Islands. Compared with
the American charr or V)rook-trout, it is a slenderer fish, with smaller
mouth, longer fins, and smaller red spots, which are confined to the
sides of the body. It is a "gregarious and deep-swdmming fish, shy of
taking the bait and feeding largely at night-time. It appears to require
very pure and mostly deep water for its residence." It is less tenacious
of life than the trout. It reaches a weight of from one to five pounds,
probably rarely exceeding the latter in size. The various charr described
from Siberia are far too little known to be enumerated here.

Of the American charr the one most resembling the European species
is the Rangeley lake-trout {Salvelinus oquassa). The exquisite little
fish is known in the United States only from the Rangeley chain of
lakes in w'estern Maine. This is very close to the Greenland charr,
Salvelinus stagnalis, a beautiful species of the far north. The Rangeley
trout is much slenderer than the common brook-trout, with much
smaller head and smaller mouth. In life it is dark blue above, and the
deep-red spots are confined to the sides of the body. The species rarely
exceeds the length of a foot in the Rangeley Lakes, but in some other
waters it reaches a much larger size. So far as is known it keeps itself
in the depths of the lake until its spawning season approaches, in
October, when it ascends the stream to spawai.

Still other species of this type are the Sunapee trout, Salvelinus aure-
olus, a beautiful charr almost identical with the European species,
found in numerous ponds and lakes of eastern New Hampshire and
neighboring parts of Maine. Mr. Garman regards this trout as the off-
spring of an importation of the ombre chevalier and not as a native
species, and in this view he may be correct. Salvelinus alipes of the
far north may be the same species. Another remarkable form is the
Lac de Marbre trout of Canada, Salvelinus marstoni of Garman.

In Arctic regions another species, called Salvelinus naresi, is very
close to Salvelinus oquassa and may be the same.

Another beautiful little charr, allied to Salvelinus stagnalis, is the
Floeberg charr {Salvelinus arcturus). This species has been brought
from Victoria Lake and Floeberg Beach, in the extreme northern part
of Arctic America, the northernmost point whence any salmonoid has
been obtained.

The American charr, or, as it is usually called, the brook-trout {Sal-
velinus fontinalis), although one of the most beautiful of fishes, is
perhaps the least graceful of all the genuine charrs. It is technically
distinguished by the somew^hat heavy head and large mouth, the maxil-
lary bone reaching more or less beyond the eye. There are no teeth

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 95

on the hyoid bone, traces at least of such teeth being found in nearly
all other species. Its color is somewhat different from that of the
others, the red spots being large and the black more or less mottled
and barred with darker olive. The dorsal and caudal fins are likewise
barred or mottled, while in the other species they are generally uniform
in color. The brook-trout is found only in streams east of the Missis-
sippi and Saskatchewan. It occurs in all suitable streams of the Alle-
ghany region and the Great Lake system, from the Chattahoochee
River in northern Georgia northward at least to Labrador and Hudson
Bay, the northern limits of its range being as yet not well ascertained.
It varies greatly in size, according to its surroundings, those found in
lakes being larger than those resident in small brooks. Those found
farthest south, in the headwaters of the Chattahoochee, Savannah,
Catawba, and French Broad, rarely pass the dimensions of finger-
lings. The largest specimens are recorded from the sea along the
Canadian coast. These frequently reach a weight of ten pounds;
and from their marine and migratory habits, they have been regarded
as forming a distinct variety (Salrelinus fontinali^ immarulafvs), but
this form is merely a sea-run lu-ook-trout. The largest fresh-water
specimens rarely exceed seven pounds in weight. Some unusually
large brook-trout have been taken in the Rangeley Lakes, the largest
known to me having a reputed weight of eleven pounds. The brook-
trout is the favorite game-fish of American waters, preeminent in wari-
ness, in beauty, and in delicacy of flesh. It inhabits all clear and cold
waters within its range, the large lakes and the smallest ponds, the
tiniest brooks and the largest rivers; and when it can do so without
soiling its aristocratic gills on the way, it descends to the sea and grows
large and fat on the animals of the ocean. Although a bold biter it is
a wary fish, and it often requires much skill to capture it. It can be
caught, too, with artificial or natural flies, minnows, crickets, worms,
grasshoppers, grlibs, the spawn of other fish, or even the eyes or cut
pieces of other trout. It spawns in the fall, from September to late in
November. It begins to reproduce at the age of two years, then having
a length of about six inches. In springtime the trout delight in rapids
and swiftly running water; and in the hot months of midsummer they
resort to deep, cool, and shaded pools. Later, at the approach of the
spawning season, they gather around the mouths of cool, gravelly
brooks, whither they resort to make their beds. (Hallock.)

The brook-trout adapts itself readily to cultivation in artificial
ponds. It has been successfully transported to Europe, and it is already
abundant in certain streams in England, in California, and elsewhere.

In Dublin Pond, New Hampshire, is a gray variety, without red
spots, called Salvelinus agassizi.

The " Dolly Varden " trout, or malma {Salvelinus malma), is very

96 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

similar to the brook-troiit, closely resembling it in size, form, color, and
habits. It is found ahvavs to the westward of the Rocky Mountains,
in the streams of northern California, Oregon, Washington, and British
Columbia. Alaska, and Kamtchatka, as far as the Kurile Islands. It
abounds in the sea in the northward, ami specimens of 10 to 12 pounds
Aveight are not uncommon in Puget Sound and especially in Alaska.
The Dolly Varden trout is. in general, slenderer and less compressed
than the Eastern brook-trout. The red spots are found on the back of
the fish as well as on the sides, and the back and upper fins are with-
out the blackish marblings and blotches seen in Salvelinus fontinalis.
In value as food, in beauty, and in gaminess, Salvelinus malma is very
similar to its Eastern cousin.

In Alaska the Dolly Varden, locally known as salmon trout, is very
destructive to the eggs of the salmon, and countless numbers are taken
in the salmon nets of Alaska and thrown away as useless by the can-
ners. In every coastwise stream of Alaska the water fairly ''boils "
with these trout. They are, however, not found in the Yukon. In
northern Japan occurs Salvelimts pliirius, the Iwana, a species very
similar to the Dolly Varden, but not so large or so brightly colored. In
the Kurile region and Kamtchatka is another large charr, Salvelinus
kundscha, with the spots large and cream-color instead of crimson.

Cristivomer, THE Great Lake Trout. — Allied to the true charrs, but
now placed by us in a different genus, Cristivomer, is the Great Lake
trout, otherwise known as Mackinaw trout, longe, or togue {Cristivomer
namaycush). Technically this fish differs from the true charr.^- in hav-
ing on its vomer a raised crest behind the chevron and free from the
shaft. This crest is armed with strong teeth. There are also large
hooked teeth on the hyoid bone, and the teeth generally are proportion-
ately stronger than in most of the other species. The Great Lake trout
is grayish in color, light or dark according to its surroundings; and the
body is covered witli round })aler spots, which are gray instead of red.
The dorsal and caudal tins are marked with darker reticulations, some-
what as in the brook-trout. This noble species is found in all the larger
lakes from New England and New York to Wisconsin, Montana, the
Mackenzie River, and in all the lakes tributary to the Yukon in Alaska.
We have taken examples from Lake Bennett, Lake Tagish, Summit
Lake (White Pass), and have seen specimens from Lake La Hache in
British Columbia. It reaches a much larger size than any Salvelinus,
specimens of from 15 to 20 pounds weight being not uncommon,
while it occasionally attains a weight of 50 to 80 pounds. As a food-
fish it ranks high, although it may be regarded as somewhat inferior to
the brook-trout or the whitefish. Compared with other salmonoids, the
Great Lake trout is a sluggish, heavy, and ravenous fish. It has been
known to eat raw potato, liver, and corn-cobs, — refuse thrown from

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 97

passing steamers. According to Herbert, " a coarse, heavy, stiff rod,
and a powerful oiled hempen flaxen line, on a winch, with a heavy sinker;
a cod-hook, baited with any kind of flesh, fish, or fowl, — is the most
successful, if not the most orthodox or scientific, mode of capturing him.
His great size and immense strength alone give him value as a fish of
game; but when hooked he pulls strongly and fights hard, though he is
a boring, deep fighter, and seldom if ever leaps out of the water, like
the true salmon or brook-trout."

In the depths of Lake Superior is a variety of the Great Lake trout
known as the Siscowet (Cristivomer namaycush siskawitz), remarksihle
for its extraordinary fatness of flesh. The cause of this difference lies
probably in some peculiarity of food as yet unascertained.

-FC

98 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

THE PARENT-STREAM THEORY OF THE RETURN

OF SALMON.

By DAVID STARR JORDAN,
President of Leland Stanford Junior University.

[From the Popular Science Monthly, Novemher, 1903.]

It has been generally accepted as unquestioned, by packers and fish-
ermen, that the salmon of the Pacific (king salmon, red salmon, silver
salmon, humpback salmon, and dog salmon) all return to spawn to the
very stream in which they were hatched. As early as 1880, the present
writer placed on record his opinion that this theory was unsound. In
a general way, most salmon return to the parent stream, because when
in the sea the parent stream is the one most easily reached. The chan-
nels and runways which directed their course to the sea may influence
their return trip in the same fashion. When the salmon is mature, the
spawning season approaching, it seeks fresh water. Other things being
equal, about the same number will run each year in the same channel.
With all this, we find some curious facts. Certain streams will have a
run of exceptionally large or exceptionally small red salmon. The
time of the rvm bears some relation to the length of the stream: those
who have farthest to go start earliest. The time of running bears also
a relation to the temperature of the spawning grounds — where the
waters cool off earliest, the fish run soonest.

The supposed evidence in favor of the parent-stream theory may be
considered under three heads : * ( 1 ) Distinctive runs in various streams,
(2) Return of marked salmon, (3) Introduction of salmon into ncAv
streams followed by their return.

Under the first head it is often asserted of fishermen that they can
distinguish the salmon of different streams. Thus the Lynn Canal red
salmon are larger than those in most waters, and it is claimed that those
of Chilcoot Inlet are larger than those of the sister streams at Chilcat.
The red salmon of Red Fish Bay on Baranof Island (near Sitka) are
said to be much smaller than usual, and tliose of the neighboring Necker
Bay are not more than one third the ordinary size. Those of a small,

*See an excellent article by H. S. Davis in the "Pacific Fisherman" for July, 1903.

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 99

rapid stream near Nass River are more wiry than those of the neighboring
large stream. The same claim is made for the different streams of
Puget Sound, each one having its characteristic run. In all this there
is some truth and perhaps more exaggeration. I noticed that the Chil-
coot fish seemed deeper in body than those at Chilcat. The red salmon
becomes compressed before spawning, and the Chilcoot fishes having a
short run spawn earlier than the Clhilcat fishes, which have many miles
to go, the water being perhaps warmer at the mouth of the river which
flows farthest from the parent ice-fields. The riper fishes run up the
shorter river. In Bristol Bay, according to Dr. Gilbert, the great runs
ascend sometimes one river, sometimes another. Perhaps some localities
may meet the nervous reactions of small fishes while not attracting the
large ones. In Necker Bay a few full-grown salmon run besides the
little ones. A few dwarf individuals, two and three year olds, ripened
prematurely, run in every salmon stream. These little fishes are nearly
all males. Mr. H. S. Davis well observes that "until a constant differ-
ence has been demonstrated by a careful examination of large numbers
of fish from each stream taken a\ the same time, but little weight can
be attached to arguments of this nature."

It is doubtless true as a general proposition that nearly all salmon
return to the region in which they were spawned. Most of them appar-
ently never go far away from the mouth of the stream or the bay into
which it flows. It is true that salmon are occasionally taken well out at
sea and it is certain that the red salmon runs of Puget Sound come from
outside the Straits of Fuca. There is, however, evidence that most
species rarely go so far as that. When seeking shore, they usually
reach the original channels.

In 1880, the writer, studying the king salmon of the Columbia, used
the following words, which he has not had occasion to change :

It is the prevailing iiiipref^sion that the salmon have some special instinct which
leads them to return to spawn in the same spawning grounds where they were originally
hatched. We fail to find any evidence of this in the case of the Pacific Coast salmon,
and we do not believe it to be true. It seems more probable that the young salmon
hatched in any river mostly remain in the ocean within a radius of twenty, thirty or
forty miles of its mouth. These, in their movement about in the ocean may come into
contact with the cold waters of their parent rivers, or perhaps of any other river, at a
considerable distance from the shore. In the case of the quinnat and the blueback,
their "instinct" seems to lead them to ascend these fresh waters, and in a majority of
cases these waters will be those in which the fishes in question were originally spawned.
Later in the season the growth of the reproductive organs leads them to approach the
shore and search for fresh waters, and still the chances are that they may find the orig-
inal stream. But undoubtedly many fall salmon ascend, or try to ascend, streams in
which no salmon was ever hatched. In little brooks about Puget Sound, where the
water is not three inches deep, are often found dead or dying salmon, which have en-
tered them for the purpose of spawning. It is said of the Russian River and other Cali-
fornia rivers, that their mouths, in the time of low water in summer, generally become
entirely closed by sandbars, and that the salmon, in their eagerness to ascend them,
frequently fling themselves entirely out of water on the beach. But this does not prove
that the salmon are guided by a marvelous geographical instinct which leads them to

100 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

their parent river in spite of tlie fact that the river can not be found. The waters of
Russian Rivef soak through these sandbars, and the salmon instinct, we think, leads
them merely to search for fresh waters. This matter is much in need of further inves-
tigation ; at present, however, we find no reason to believe that the salmon enter the
Rogue River simply because they were spawned there, or tliat a salmon hatched in the
Clackamas River is more likely, on that account, to return to the Clackamas than to go
u]) the Cowlitz or the Des Chutes.

Attempts have been made to settle this question by marking the fry.
But this is a very difficult matter, indeed. Almost the only structure
which can be safely mutilated is the adipose fin, and this is often
nipped off by sticklebacks and other meddling fish. The following
experiments have been tried, according to Mr. Davis:

In March, 1896, 5,000 king salmon fry were marked by cutting off the adipose fin, then
set free in the Clackamas River. Nearly 400 of these marked fish are said to have been
taken in the Columbia in 1898 and a few more in 1899. In addition a few were taken in
1898, 1899 and 1900 in the Sacramento River, but in much less numbers than in the
Columbia. In the Columbia most were taken at the mouth of the river where most of
the fishing was done, but a few were in the original stream, the Clackamas. It is stated
that the fry thus set free in the Clackamas came from eggs obtained in the Sacramento —
a matter which has, however, no bearing on the present case.

In the Kalama hatchery on the Columbia River, Washington, 2,000 fry of the quinnat
or king salmon were marked in 1899 bj' a V-shaped notch in the caudal fin. Numerous
fish thus marked were taken in the lower Columbia in 1901 and 1902. A few were taken
at the Kalama hatchery, but some also at the hatcheries on Wind River and Clackamas
River. At the hatchery on Chehalis River six or seven were taken, the stream not being
a tributary of the Columbia, but flowing into Shoalwater Bay. None were noticed in
the Sacramento. The evidence shows that the most wlio are hatched in a large stream
tend to return to it, and that in general, most salmon return to the parent region.

There is no evidence that a salmon hatched in one branch of a river
tends to return there rather than to any other. Experiments of Messrs.
Rutter and Spalding in marking adult fish at Karluk wovild indicate
that they roam rather widely about the island before spawning. A
spawning fish set free in Karluk River was found three days later at
R id River, sixty miles away on the opposite side of Kadiak Island.

The introduction of salmon into new streams may throw some light
on this question. In 1897 and 1898, 3,000,000 young king salmon fry
were set free in Papermill Creek near Olema, California. This is a
small stream flowing into the head of Tomales Bay, and it had never
previously had a run of salmon. In 1900, and especially in 1901, large
quinnat salmon appeared in considerable numbers in this stream. One
specimen weighing about sixteen pounds was sent to the present writer
for identification. These fishes certainly returned to the parent stream,
although this stream was one not at all fitted for their purpose.

But this may be accounted for by the to2:)Ography of the bay.
Tomales Bay is a long and narrow channel, about twenty miles long
and from one to five in width, isolated from otlier rivers, and with but
one tributary stream. Probably the salmon had not wandered far
from it; some may not have left it at all. In any event, a large num-
ber certainly came back to the same place.

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 101

That the salmon rarely go far away is fairly attested. Schools of
king salmon play in Monterey Bay, and others chase the herring about
in the channels of southeastern Alaska. A few years since, Captain
J. F. Moser, in charge of the Albatross, set gill nets for salmon at various
places in the sea off the Oregon and Washington coast, catching none
except in the bays.

Mr. Davis gives an account of the liberation of salmon in Chinook
River, which flows into the Columbia at Baker's Bay:

It is a small, sluggish stream and has never been frequented by Chinook salmon,
although considerable numbers of silver and dog salmon enter it late in the fall. A few
years ago the State established a hatchery on this stream, and since 1898 between
1,000,000 and 2,000,000 Chinook fry have been turned out here annually. The fish are
taken from the pound-nets in Baker's Bay, towed into the river in crates and then liber-
ated above a dike which prevents their return to the Columbia. When ripe, the salmon
ascend to the hatchery, some two or three miles farther up the river, where they are
spawned.

The superintendent of the hatchery, Mr. Nic Hansen, informs me that in 1902, during
November and December, quite a number of Chinook salmon ascended the Chinook
River. About 150 salmon of both sexes were taken in a trap located in the river about
four miles from its mouth. At first thought it would appear that these were probably
fish which, when fry, had been liberated in the river, but unfortunately there is no
proof that this was the case. According to Mr. Hansen, the season of 1902 was remark-
able in that the salmon ran inshore in large schools, a thing which they had not done
before for years. It is possible that the fish, being forced in close to the shore, came in
contact with the current from the Chinook River, which, since the stream is small and
sluggish, would not be felt far from shore. Once brought under the influence of the
current from the river the salmon would naturally ascend that stream, whether they
had been hatched there or not.

The general conclusion, apparently warranted by the facts at hand,
is that the Pacific salmon, for the most part, do not go to a great dis-
tance from the stream in which they are hatched, that most of them
return to the streams of the same region, a majority to the parent
stream, but that there is no evidence that they choose the parental
spawning grounds in preference to any other, and none that they will
prefer an undesirable stream to a favorable one for the reason that they
happen to have been hatched in the former.

Mr. John C. Callbreath, of Wrangel, Alaska, has long conducted a
very interesting but very costly experiment in this line. About 1890,
he established himself in a small stream called Jadgeska on the west
coast of Etolin Island, tributary to McHenry Inlet, Clarence Straits.
This stream led from a lake, and in it a few thousand red salmon
spawned, besides multitudes of silver salmon, dog salmon, and hump-
back salmon. Making a dam across the stream, he helped the red salmon
over it, destroying all the inferior kinds which entered the stream. He
also established a hatchery for the red salmon, turning loose many
thousand fry each year for about twelve years. This w^as done in the
expectation that all the salmon hatched would return to Jadgeska in
about four years. By destroying all individuals of other species attempt-

102 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

ing to run, it was expected that thcso wcnild 1)ecome extinct so far as
the stream is concerned.

The result of this experiment has been disappointment. After twelve
years or tnore there has been no increase of red salmon in the stream,
and no decrease of humpbacks and other humbler forms of salmon.
Mr. Callbreath draws the conclusion that salmon run at a much greater
age than has been supposed — perhaps at the age of sixteen years, instead
of four. A far more probable conclusion is that the salmon set free by
him have joined other bands bound for more suitable streams. It is
indeed claimed that since the establishment o'f Callbreath's hatchery
on Etolin Island, there has been a notable increase of the salmon j-un in
various streams of Prince of Wales Island on the opposite side of
Clarence Straits. But this statement, while largely current among the
cannery men, and not improbable, needs verification.

We shall await with much interest the return of the millions of
young salmon hatched in 1902, and turned loose in Naha stream. We
may venture the prophec}' that while a large percentage will return to
Loring, many others will enter Yes Bay, Karta Bay, Moira Sound, and
other red salmon waters along the line of their return from Dixon
Entrance or the open sea.

KEPORT OP STATE BOARD OF FISH COMMISSIONERS. 103

ARTIFICIAL PROPAGATION OF SALMON IN THE
SACRAMENTO RIVER.

By CLOUDSLEY RUTTER.

By courtesy of San Francisco Trade Journal.

Editor Trade Journal: After this generally poor season for salmon
fisheries the question of artificial propagation is sure to be discussed,
and I have already heard numerous complaints about its inefficiency.
These complaints seem to me to be more or less unreasonable, and yet
as they have a foundation in a fact, that is, in the small catch, and as it
has been a large part of my work during the past several years to
investigate both artificial and natural propagation, I shall be glad if
you will publish my views on the question, which I send herewith.

Cannerymen and fishermen demand too much of the hatcheries. If
there is not a big run of fish every season, the hatchery is a failure.
In no other industry is such a demand made. Every few years there
is a scarcity of cattle or hogs or bees, yet no one claims on that account
that stock-breeding or bee-culture is a failure. The only difference is
that we can determine the cause when there is a failure of cattle or
hogs or bees, whereas we can not tell what destroys the salmon.

For the sake of argument, let us suppose that natural propagation is
as efficient as artificial propagation, which averages above 85 per cent
for the time that the two methods come into competition. That is, 85
per cent of the eggs taken by the hatcheries produce healthy fry ready
for the ocean, after which time the product of artificial propagation has
neither an advantage nor a disadvantage as compared with that from
natural propagation; the conditions of the two are identical. And if
we grant that natural propagation is equally effective with artificial,
85 per cent of all eggs deposited must produce fry ready for the ocean.
That is, for each pair of quinnat salmon that spawn naturally, 5,100
fry begin their migration toward the ocean. Call it 5,000 for conven-
ience. That makes 2,500 for each spawning salmon, male and female;
or stated in another way, the increase is 2,500 fold.

Now, on an average from year to year, the number of salmon remains
about the same. Therefore, 2,499 of these 2,500 swimming fishes must

104 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

perisli, else there will be an increase. If only 2,498 perish there will
be two survivors among the offspring of eacli salmon, four for each pair,
and the increase will be one hundred fold. The conclusion is, therefore,
that while only 15 per cent of the young are destroyed during the help-
less stage before they are able to swim, including the egg stage, yet of
those that do arrive at the age when they can swim and are supposed to
be able to take care of themselves, 99.9 per cent perish before coming to
maturity, which is absurd.

In fact, we know the contrary to be true. We see predaceous fishes
and ducks gorging themselves with eggs and with alevins; we find dead
eggs in the gravel very much more abundant than live eggs; we see the
late spawning fishes tearing up the spawning beds of the earlier spawning
fishes and killing the eggs in this way; and we see freshets covering the
spawning beds with gravel or washing them away. We do not know,
of course, what percentage is destroyed in this way, but none of these
mishaps affect artificial propagation. The loss in artificial propagation
lies almost wholly in eggs dying during incubation, and it is highly
probable that such would die under any conditions.

Nothing is said above about the completeness of fertilization in natural
propagation, for the reason that there are but little data on this point.
What little we have point to a high percentage, but it can hardly exceed
that of artificial propagation, which is practically complete, 99 per cent.

I do not mean to claim that artificial propagation is absolutely perfect,
that there is no room for improvement; but the question of the improve-
ment in methods is hardly pertinent to the present subject. The writer,
in his report on the '' Natural History of the Quinnat Salmon in the
Sacramento River," gives as his personal opinion that the relative
eflPciency of natural and artificial propagation is about one per cent and
eighty-five per cent respectively. (Bull. U. S. Fish Com., 1902, p. 137.)
Further investigation only shows natural propagation to be of less value,
if possible, than there stated.

There have been enough eggs deposited in the little streams tributary
to Karluk Lake, Kadiak Island, Alaska, during the past season that
more than two might be placed on each square foot of the surface of the
lake, which comprises about fifty square miles ! And this has been the
poorest season ever known at that place. Surely if natural propagation
approached anywhere near the efficiency of artificial propagation the
ocean would be completely overrun with salmon. Think of 2,287,840,000
fry coming down one small river !

In general, there are two main causes for a scarcity of fish — a dearth
of food, and a superabundance of enemies. The food of the growing
salmon is largely small fishes. These may be scarce from ineffective
propagation, lack of food, or superabundance of enemies, just as the
salmon may be. But whatever the cause, if the small fishes are scarce,
the salmon will go hungry or seek other feeding-grounds.

REPORT OF STATE BOARD OF FISH COMMISSIONERS.

105

The superabundance of enemies is probably the most important
factor in limiting the number of salmon. Their enemies during the
egg and alevin stage have been mentioned above. After beginning to
swim, the young salmon is a very active fish, and during his migration
down the rivers to the ocean, when the young from the hatcheries are
first exposed to the same dangers as those from the natural spawning
beds, he is in no great danger from birds or fishes, with the exception
of the Dolly Varden trout. While in fresh Avater the young salmon is
too small to receive the attention of fish ducks, which feed largely on
sculpins or minnows, while the cormorants feed on carp and (in Alaska)
on trout that are larger than the young salmon.

We do not know the enemies in salt water, except that the quinnat
feeds to some extent on young salmon. But other enemies are
numerous enough. I recently examined 500 adult salmon for the pur-

QUINNAT, OR SACRAMENTO RIVER, SALMON.

pose of determining the number that had been injured in any way, as
shown by scars, scratches, and scale abrasions, with the result showing
that 11 per cent had received at least some slight injury, and that 5 per
cent carried scars indicating that they had had really close calls for
their lives. When 11 per cent have been in danger, and when 5 per
cent have barely escaped with their lives, how many must there have
been that did not escape? It seems certain that the salmon taken by
the fishermen, numerous though they may be, are only a few in com-
parison with the number that perish before they meet the fishermen.
Artificial propagation must not be held responsible for the safety of the
fish among these dangers. And whatever the output of young from the
hatcheries or from natural spawning beds, there are sure to be years of
scarcity.

Artificial propagation of salmon has not yet reached such proportions
as to entirely supplant natural propagation, with the exception of the
work on the Sacramento River, and until such condition is reached,

lOG REPORT OF STATE BOARD OF FISH CUMMLSSIOXERS.

ample provision must be made for salmon, reaching their natural spawn-
ing beds. But this necessity fishermen do not heed. When the enemies
of the salmon have been particularly abundant, and there is therefore
a slack run, instead of tishing lightly and permitting as many as
possible to ascend to the spawning streams, the contrary is the practice.
The amount of fishing is quadrupled during poor years, and every fish
that it is possible to take is taken, with the immediate result that but
few salmon reach the spawning beds, and wiili the- ultimate result that
the small run will not only be repeated when the resulting offspring
return as adults, but that it will ])e accentuated. Surely it will require
great efforts on the part of artificial propagation to overcome the double
odds of natural and human enemies, but of its ability to do so I have
not the slightest doubt.

Artificial propagation is keeping up the supply of salmon in the
Sacramento River, ^^'itll one exception, there are now no natural
spawning beds in the Sacramento basin that amount to anything. All
of the Feather, Upper Sacramento, and Pit rivers, with their tributaries,
have been practically abandoned, with the exception of the streams
where the hatcheries are located. The only natural spawning beds still
occupied are in the main river, between Redding and Tehama, which
are yet visited by a considerable number of salmon. Otherwise, the
salmon fisheries in the Sacramento are being kept up by the hatcheries;
and what is being done in California can be done elsewhere.

1903. CLOUDSLEY RUTTER.

ADDENDA.— REPORT ON SALMON EGGS, 1904.

Since the foregoing has gone to print, other important and interest-
ing figures relating to the take of sahnon eggs at the Battle Creek and
Mill Creek stations for the season of 1904 havo become available, which
would seem to bear out strongly the opiniun of Mr. Rutter as to the
value of artitieiai propagation of salmon in the Sacramento River.

In the report of Superintendent Shebley. of the Sisson hatchery, atten-
tion is called to his statement that the total number of salmon eggs
handled at that station for 1908 aggregated 58,632,000, of which he
says: " This was the largest number of salmon eggs ever hatched at
one station in one season. It is the best record of any station on the
Pacific Coast, and of commercial value second to none in the United
States.'" To be added is the number of eggs, 5, 522,900, shipped to our
Eel River station; making a grand total of 64,154,900 eggs for 1903
For the season of 1904, at this date, December 10th, we have at the
Sisson hatchery 35,000,000 eggs; at the Eel River hatchery, 6,590,000;
or in round numbers, 42,000,000. In addition to these eggs, we have
already hatched and liberated the fry resulting from 10.000.000 eggs

REPORT OF STATE BOARD OF FISH COMMISSIONERS. 107

taken from the summer run at Baird station on the McCloud River.
The number of eggs on hand and now in various stages of development
at Battle Creek and Mill Creek spawning stations will bring up the
total to over 90,000,000, taken from the fall run of salmon; which,
with the 10,000,000 from the summer run, makes a grand total of
100,000,000 salmon ova handled at our hatcheries in 1904.

Under date of November 22, 1904, Capt. G. H. Lambson, Superin-
tendent of the United States Bureau of Fisheries stations in Califor-
nia, says: "The Sacramento River presents the best example of the
good results of fish culture and protection of any stream in the country
of which I have knowledge. The river is full each year to overflow-
ing in spite of the great number of canneries, cold-storage plants,
packers, and fresh-fish dealers, and they are increasing every year. I
doubt if there were ever more fish running in the river than during the
past few years, even in the old days when it was said a man could walk
across the river upon their backs. It looks to me as if we will have
no more seasons of bad runs, provided we can keep up our pres-
ent output, as each year for the past three has been grand. Of course
there will be seasons when we will not take so many eggs owing to
high water, but the runs will be good."

Quoting from his letter of December 5, 1904, he states: " There is a
large run of fish in both Battle and Mill creeks and there is hardly any
limit to be placed upon the number of eggs we could take if we had
the room. We could have taken fully eighty to one hundred million
at Battle Creek and about sixty million at Mill Creek if we could have
fished daily. We have worked but one fishing crew at each place, and
then only about two thirds of the time."

CALIFORNIA FISH COMMISSION.

December 20, 1904.

108 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

SUPREME COURT DECISIONS,

S. F. No. 3679. In bank. August 7, 1903.

AH KING VS. SUPERIOR COURT.

Application for writ of prohibition against the Pohce Court of the
City and County of San Francisco — E. P. Mogan, .Judge.
For Applicant — Wm. Hoff Cook.
For Respondent — Lewis F. Byington, District Attorney.

By the Court: Petition for writ of prohibition.

The only question to be determined in this case is whether certain
statutes relating to the preservation of fish and game are invalidated
by the constitutional provision requiring acts of the Legislature to
embrace but one subject. The contention of the petitioner is that fisli
and game are different subjects. The court is of the opinion that the
preservation of fish and game is a single subject of legislation, and
may properly be embraced in the same act.

Writ denied.

Crim. Xo. 1144. Department Two. June 20, 19C4.

THE PEOPLE OF THE STATE OF CALIFORIXA. Plaintiff and
Respondent, ?•.?. THOMAS J. MILES AND A. S. DINWIDDIE.
Defend.\nts and Appellants.

Appeal from the Superior Court of Sutter County — K. S. Mahon,
Judge.

For Appellant — A. L. Shinn, T. H. Christianson. and A. H. Hewett.

For Respondent — U. S. Webb, Attorney-General: C. N. Post, Assist-
ant Attorney-General.

Defendants were convicted on an information charging that on August
22, 1903, they were guilty "of the crime of setting and using a set-net
in the waters of the State for the purpose of catching fish (a misde-
meanor), committed as follows: That said (naming the defendants and
the date) did then and there willfully, unlawfully and feloniously in
the waters of the State of California, to wit, in the Sacramento Slough,
in the said county of Sutter, * * * <ei and use a certain set-net,
that is, a net which was then and there secured and was not free to

EEPORT OF STATE BOARD OF FISH COMMISSIONERS. 109

drift with the current and with the tide, for the purpose of catching

fish, * * * contrary to the form," etc.

The trial court denied defendants' motion for a new trial and entered

judgment on the verdict. Defendants appeal from the judgment and

order.
**********

4. Defendants asked an instruction to the effect that there could he
no conviction if the Sacramento Slough, mentioned in the information,
at the time charged, had neither current nor tide. The court refused
the instruction, and defendants now urge this as error. The informa-
tion is laid under Section 636, Penal Code, which provides in part as
follows: " * * * Every person who shall set, use, or continue, or
shall assist in setting, using, or continuing any pound, weir, set-net,
trap, or any other fixed or permanent contrivance for catching fish in
the waters of this State — and every net shall be considered a set-net
that is secured in any way and not free to drift with the current or
tide — is guilty of a misdemeanor," etc. It is contended that the jury
should have been told that unless there was a current or tide there
could be no offense under this section. There was evidence that this
slough empties into the Sacramento River about a half mile above the
mouth of Feather River; is three or four miles in length, about one
hundred feet wide at its mouth and twelve feet deep, and about eighty
feet wide where defendants' net was set. Except in midsummer, this
slough drains the back country lands into the river, but in August the
water of the slough has no perceptible current. Fish may and do pass
freely up and down the slough from the river. The ownership of the
lands bordering on the slough does not appear. Defendants offered to
prove the ownership, but the court held the evidence to be immaterial,
and no objection was made or exception taken to the ruling. Upon the
authority of People vs. Truckee Lumber Co., 116 Cal. 397: "The domin-
ion of the State for the purpose of protecting its sovereign rights in the
fish within its waters, and their preservation, for the common enjoy-
ment of its citizens, * * * extends to all waters within the State,
public or private, wherein these animals are habited or accustomed to
resort for spawning or other purposes, and through which they have
freedom of passage to and from the public fishing-grounds of the State.
To the extent that waters are the common passageway for fish, although
flowing over lands entirely subject to private ownership, they are
deemed for such purposes public waters, and subject to all laws of the
State regulating the right of fishing." Citing cases. Whether or not
the water of this slough, at the particular time defendants had their
net set across it, was subject to movement by current or tide, is imma-
terial. They were forbidden by the law to use a set-net "in the waters
of this State," i. e., in any of the waters coming within the regulating

110 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

power of the State concerning the fish therein. The parenthetical
words " free to drift with the current or tide " are but descriptive of the
condition of a net; it must be free to drift and not be set or permanent.
It is advised that the judgment and order be affirmed.

CHIPMAN, C.
We concur:
COOPER, C.
GRAY, C.

For the reasons given in the foregoing opinion, the judgment and
order are affirmed.

McFARLAND, J.
LORIGAN, J.
HENSHAW, J.

I desire to say further that while upon the record in this case it
appears that appellant was not prejudiced by the guarded expressions
of the court to the jury on the suiiject of their efforts to agree, still such
expressions are hazardous, and it would be better for the court to say
nothing on that subject. There might be cases where such remarks
Avould be construed by the jury as urging an agreement to convict.

McFARLAND, J.

Crim. No. 972. Department One. May 20, 1903.

PEOPLE OF THE STATE OF CALIFORNIA, Respondent,
vs. PAUL HAAGEN, Appellant.

Appeal from the Superior Court of Santa Clara County — \V. G. Lori-
gan, Judge.

For Appellant — John E. Richards.

For Respondent — U. S. Webb, Attorney-General; A. A. Moore, Deputy
Attorney-General, and James H. Campbell, District Attorney.

This is an appeal by the defendant from a judgment of the" Superior
Court convicting him of the offense of violating Section 634 of the
Penal Code, declaring it unlawful for any person, betw^een the 10th of
September and the 16th of October of each year, to have in his posses-
sion or sell any fresh salmon.

1. It is urged that the Superior Court has no jurisdiction of the offense.
The punishment provided for the offense is a fine of not less than two
hundred dollars or imprisonment in the county jail not less than one
hundred and fifty days, or both. There is no maximum limit provided
for either the fine or imprisonment. Section 19 of the Penal Code pro-
vides: "Except in cases where a different punishment is prescribed by
the Code, every offense declared to be a misdemeanor is punishable by

REPORT OF STATE BOARD OF FISH COMMISSIONERS. Ill

imprisonment in the county jail not exceeding six months, or by a fine
not exceeding five hundred dollars, or by both." It is claimed that
this section must be read into Section 634 and that the two taken
together provide a limit to the maximum fine or imprisonment pre-
scribed for the offense here charged, thus fixing a punishment which
lodges jurisdiction in the justice's court. This precise question with
relation to Section 636, which was in all respects similar as to the pun-
ishment, except that the minimum fine was one hundred dollars, and
the minimum imprisonment fifty days, was before the court in bank, in
People vs. Tom Nop, 124 Cal. 150, and was there decided contrary to
the appellant's contention. Upon the authority of that case we must
hold the proposition to be without merit.

2. The defendant also claims that the information does not state a
public offense. The charging part of the information is that the defend-
ant "on the 11th day of September, 1901, at the County and State
aforesaid, willfully and unlawfully have in his possession and sell a
certain quantity of fresh salmon, contrary," etc. It will be observed
that the verbs "have" and "sell" in the foregoing clause are not in the
proper tense; that the word "did" is omitted, or that the words should
be "had" and "sold" respectively. We do not think there is any
merit in this contention. No information is insufficient by reason of
any defect or imperfection in matter of form which does not tend to
the prejudice of a substantial right of the defendant upon the merits.
(Penal Code, Section 960.) Upon appeal this court must give judgment
without regard to technical errors or defects "which do not affect the
substantial rights of the parties." (Penal Code, Section 1258.) No
error or mistake in any pleading renders it invalid unless it has " actu-
ally prejudiced the defendant, or tended to his prejudice in respect to a
substantial right." (Penal Code, Section 1404.) We can not see from
the record that there was any difficulty on the part of any party con-
cerned in the trial in ascertaining from the information precisely the
nature and character of the offense charged, nor can we perceive how
the defendant could have been prejudiced by the defect in the informa-
tion in respect to any substantial right, or any right.

3. The further contention was made that the court erred in refusing
to allow the defendant to offer evidence to show that the fish in
question was caught prior to the 11th day of September, 1901. It will
be noted that the charge, in effect, was that he had in his possession
and sold the fish in question on the 11th day of September, which was
the first day of the season provided by the statute. The claim of the
defendant is that, if the fish were caught prior to the close season, they
became articles of merchandise and the property of the person taking
them, and hence, that the Legislature did not have the power to pro-
hibit the sale of such merchandise, and could not restrict the right to

112 KK1'(,)UT OF STATE BUAUI) OF FISH COMMISSIONERS.

possess the sainr. Tt is also claimed that such a statute, if applied to
tish cauglit or l)ought before the close season begins, is unjust and un-
reasonable. These questions were all thorovighly considered in Ex Parte
Maier, 108 Cal. 476. In that case it was claimed that the fact that
the game in question had been purchased in the State of Texas and
l>rought into this State made it an article of merchandise, the posses-
sion of whieli the Legislature could not forbid. The court, however,
lield the contrary, and that case must be taken as decisive of the
question.

\\\^ lind no error in the record; and it is, therefore, ordered that the
judgment be affirmed.

SHAM', J.
We concur:

ANGELLOTTI, J.

VAN DYKE, J.

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